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    <title>2024 (10) TMI 1806 - BOMBAY HIGH COURT</title>
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    <description>Arrest under the Prevention of Money Laundering Act was examined for compliance with Section 19, including the requirement of written reasons to believe and independent application of mind. The recorded grounds for arrest were found identical to the reasons to believe, indicating no separate consideration of necessity to arrest; the petitioner was also not named in the FIR or charge-sheet in the scheduled offence. The court relied on Supreme Court principles that arrest cannot rest on subjective satisfaction alone and that non-cooperation, by itself, is insufficient to justify custody. The arrest, detention and remand were held to be prima facie illegal, and interim bail was granted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=468712</link>
      <description>Arrest under the Prevention of Money Laundering Act was examined for compliance with Section 19, including the requirement of written reasons to believe and independent application of mind. The recorded grounds for arrest were found identical to the reasons to believe, indicating no separate consideration of necessity to arrest; the petitioner was also not named in the FIR or charge-sheet in the scheduled offence. The court relied on Supreme Court principles that arrest cannot rest on subjective satisfaction alone and that non-cooperation, by itself, is insufficient to justify custody. The arrest, detention and remand were held to be prima facie illegal, and interim bail was granted.</description>
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      <pubDate>Fri, 25 Oct 2024 00:00:00 +0530</pubDate>
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