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Navigating Legal Intricacies: Power to arrest under PMLA and compliance with CrPC
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....TMI 410 - SC), the Supreme Court of India embarked on a meticulous exploration of the legal intricacies involving the Prevention of Money Laundering Act 2002 (PMLA 2002) and the Code of Criminal Procedure 1973 (CrPC 1973). This case, revolving around a high-profile political figure, presented a unique opportunity to delve into the nuanced realms of judicial remand, custody rights, and the procedur....
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....plaints of chest pain, adding another layer to the case as his health condition became a critical factor in the subsequent legal proceedings. Custody and Conditions Imposed The Principal Sessions Judge's decision to grant custody of the appellant to the Enforcement Directorate for eight days, albeit under strict conditions regarding his medical treatment, marked a significant point in the ca....
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.... statute. The Court noted the mandatory requirement for the recording of reasons for arrest and the necessity of informing the arrestee of these grounds. The compliance with these procedural mandates was deemed critical to the validity of the arrest. 2. Interplay between Section 167 of the CrPC 1973 and PMLA 2002 The Court discussed the application of Section 167 of the CrPC 1973 in the context ....
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....such a writ is maintainable in instances of illegal detention but not as a standard tool to contest judicial remand orders that have been passed with due reasoning and in compliance with statutory requirements. 5. CrPC 1973's Application in PMLA 2002 Cases The Supreme Court clarified that the procedural elements of the CrPC 1973, while applicable in PMLA 2002 cases, must not conflict with th....