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    <title>2023 (10) TMI 175 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=443952</link>
    <description>Under Section 19 of the Prevention of Money-laundering Act, 2002, the arrested person must be furnished the written grounds of arrest, because Article 22(1) requires practical and effective notice of the basis for detention; merely reading out or allowing inspection is insufficient. The arrest and consequential custody were therefore held invalid. The Court also held that a remanding Magistrate must independently verify strict compliance with the statutory safeguards before authorising custody, and a mechanical remand cannot cure a constitutionally or statutorily infirm arrest. As that judicial scrutiny was absent, the remand orders were unsustainable and the impugned arrest and custody were set aside.</description>
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    <pubDate>Tue, 03 Oct 2023 00:00:00 +0530</pubDate>
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      <title>2023 (10) TMI 175 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=443952</link>
      <description>Under Section 19 of the Prevention of Money-laundering Act, 2002, the arrested person must be furnished the written grounds of arrest, because Article 22(1) requires practical and effective notice of the basis for detention; merely reading out or allowing inspection is insufficient. The arrest and consequential custody were therefore held invalid. The Court also held that a remanding Magistrate must independently verify strict compliance with the statutory safeguards before authorising custody, and a mechanical remand cannot cure a constitutionally or statutorily infirm arrest. As that judicial scrutiny was absent, the remand orders were unsustainable and the impugned arrest and custody were set aside.</description>
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      <law>Money Laundering</law>
      <pubDate>Tue, 03 Oct 2023 00:00:00 +0530</pubDate>
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