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The High Court allowed the bail application u/s 439 of CrPC read with Section 45 of PMLA. The applicant was accused of fraudulently obtaining import authorization in the name of his benami entities by cheating government authorities with wrongful gain intent. However, the Enforcement Directorate (ED) did not comply with Section 19 of PMLA by not summoning or recording the applicant's statement before arrest. ED's opinion on the applicant's guilt was based on an inadmissible co-accused statement. The court held that non-compliance with Section 19 mandates benefited the arrested person. Since no further custodial interrogation was required, the court granted bail without opining on the merits.
The High Court allowed the bail application u/s 439 of CrPC read with Section 45 of PMLA. The applicant was accused of fraudulently obtaining import authorization in the name of his benami entities by cheating government authorities with wrongful gain intent. However, the Enforcement Directorate (ED) did not comply with Section 19 of PMLA by not summoning or recording the applicant's statement before arrest. ED's opinion on the applicant's guilt was based on an inadmissible co-accused statement. The court held that non-compliance with Section 19 mandates benefited the arrested person. Since no further custodial interrogation was required, the court granted bail without opining on the merits.
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