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Supreme Court of India 2023-08-07 dismissed

V. SENTHIL BALAJI vs THE STATE REPRESENTED BY

Bench: 2 — A.S. Bopanna, M.M. Sundresh

In Brief

A Tamil Nadu Cabinet Minister arrested under the Prevention of Money Laundering Act, 2002 (PMLA) challenged his remand in habeas corpus. The Supreme Court held that habeas corpus does not lie once an arrested person is produced before a Magistrate and remand orders are passed based on judicial scrutiny. The Court clarified that the PMLA contains sufficient internal safeguards and that Section 167 of the Criminal Procedure Code applies fully to PMLA arrests. The 15-day police custody limit spans the entire investigation period (60/90 days), not just the first 15 days of remand. Section 41A of the CrPC does not apply to PMLA arrests. The appeals were dismissed, upholding the High Court's rejection of the habeas corpus petition and permitting custody until 12 August 2023.

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Criminal Procedure Money Laundering Bail Arrest and Custody Constitutional Law

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