2025 (1) TMI 741 - SCH - Money Laundering

SC Dismisses Petition, Upholds HC Decision: Respondent's Arrest Illegal, Doesn't Affect Ongoing Section 44 PMLA Case.

The SC dismissed the Special Leave Petition, agreeing with the HC's finding that the respondent's arrest was illegal. The SC emphasized that the HC's ... Money Laundering - proceeds of crime - Legality of petitioner's arrest - illegal mining - It was held by High Court that 'The petitioner has not been found involved in any illegal activity, in any manner whatsoever, attracting the offence of money laundering under PMLA. There is no option, except to allow the petition. HELD THAT:- It is not required to interfere with the finding of the High Court that the arrest of the respondent was illegal. The findings which are rendered by the High Court are only for the purposes of deciding the issue whether the arrest of the respondent was illegal. These findings will not effect the merits of the pending complaint under Section 44 of the Prevention of Money Laundering Act (PMLA), 2002. SLP dismissed. The Supreme Court, comprising Hon'ble Justice Abhay S. Oka and Hon'ble Justice Augustine George Masih, heard the counsel for the petitioner. The Court decided not to interfere with the High Court's finding that the respondent's arrest was illegal. The Supreme Court clarified that the High Court's findings were solely for determining the legality of the arrest and would not affect the merits of the pending complaint under Section 44 of the Prevention of Money Laundering Act (PMLA), 2002. Consequently, the Special Leave Petition was dismissed, and any pending applications were disposed of.