2023 (9) TMI 1703 - SCH - Money Laundering

Interim pre-arrest protection under PMLA granted; no arrest in ECIR/JLZO/01/2018 provided continued cooperation - ss 50, 45

Petitioner sought pre-arrest relief under PMLA in SC after HC declined interference with investigative steps, finding no infirmity in non-compliance with ... Seeking pre-arrest bail - Money Laundering - non-compliance of summons u/s 50 of PMLA - twin conditions u/s 45 of PMLA complied with or not - application of judicial mind or not - it was held by High Court that 'This Court did not found any infirmity or illegality therein and declines to exercise the judicial discretion leaving it open to the respondents to proceed in the matter in accordance with law to complete the investigation.' HELD THAT:- Issue notice returnable on 10th November, 2023 - In the meanwhile, the petitioner shall not be arrested in connection with the case under the Prevention of Money Laundering Act, 2002 (ECIR/JLZO/01/2018 dated 17th October, 2018), subject to the condition that the petitioner shall continue to cooperate with the investigation. SUPREME COURT OF INDIA - Delay in filing was expressly dealt with: 'Delay condoned.' Issue notice returnable on 10th November, 2023. Meanwhile, the petitioner is restrained from arrest in connection with the proceedings under the Prevention of Money Laundering Act, 2002 (ECIR/JLZO/01/2018 dated 17th October, 2018), subject to the condition that the petitioner 'shall continue to cooperate with the investigation.' The Court granted liberty to serve the Central Agency in addition. The order is interlocutory and procedural, addressing extension of protection from arrest pending service and returnable notice, conditioned on ongoing cooperation with the investigation.