Supreme Court Grants Exemption in Extended Detention Case for Senior Citizens

The Supreme Court allowed applications for exemption from filing documents/facts/annexures and from filing O.T. The petitioners, senior citizens aged around 66 to 70, had undergone pre-trial custody exceeding four years, raising concerns about the extended detention period. The investigating agency's failure to arrest the petitioners under Section 19 PMLA at the investigation's outset was highlighted. The attachment of specific properties and the amounts deposited by the petitioners in their respective cases were noted. The Court issued notice on the matter and directed the petitioners not to be arrested during the interim period but to cooperate with further investigation.

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Issues:
1. Exemption from filing documents/facts/annexures and from filing O.T.
2. Pre-trial custody duration exceeding four years.
3. Arrest under Section 19 PMLA.
4. Age of petitioners.
5. Attachment of properties.
6. Deposited amounts in respective matters.
7. Applicability of Section 45 PMLA.
8. Notice issued.
9. Cooperation with further investigation.

Analysis:

1. The Supreme Court allowed applications for exemption from filing documents/facts/annexures and from filing O.T., as per the order.

2. The learned counsel highlighted that the petitioners had undergone pre-trial custody for over four years regarding the scheduled offence, emphasizing the extended duration of their detention.

3. It was pointed out that the investigating agency did not arrest the petitioners under Section 19 PMLA at the start of the investigation, raising a procedural concern.

4. The ages of the petitioners, who were senior citizens aged around 66, 70, 68, and 67 respectively, were presented as a factor for consideration.

5. Specific properties of the petitioners in certain matters were mentioned to have been attached, with values specified, indicating a financial impact on the petitioners.

6. Details were provided regarding the amounts deposited by the petitioners in their respective cases, showcasing a proactive approach towards addressing the legal issues.

7. The argument was made that the total period of incarceration upon conviction would be seven years, and the applicability of Section 45 PMLA, pre-amendment, was questioned.

8. The Supreme Court issued notice on the matter, signifying the initiation of formal legal proceedings and consideration of the petitioners' claims.

9. The petitioners were directed not to be arrested during the interim period but were instructed to cooperate with further investigation, ensuring compliance with legal requirements while safeguarding their liberty.

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