Supreme Court: The Supreme Court has taken a big decision regarding the Enforcement Directorate. Actually, SC has curbed the powers of ED. Before arresting under PMLA, ED will have to take permission from the Special Court. The Supreme Court said that after taking cognizance of the complaint of the Special Court, ED cannot arrest any accused under Section 19 of PMLA. If ED wants the custody of such accused, then it will have to apply to the concerned court for custody. If the court is satisfied with the ED’s contention that it needs custodial interrogation, then it can grant custody.
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On Thursday, a bench of Justices Abhay S Oka and Ujjal Bhuyan gave an important verdict on the ED’s powers of arrest under PMLA. According to Live Law report, after taking cognizance of an offense punishable under Section 4 of the PMLA on the basis of a complaint under Section 44, the Enforcement Directorate and its officers proceeded to arrest the person shown as an accused in the complaint under Section 19. Are unable to exercise the powers under. If the Enforcement Directorate wants the custody of the accused who appears after the summons for further investigation of that crime, then it will have to apply to the Special Court and seek the custody of the accused.
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Not only this, after hearing the accused, the Special Court will have to pass order on the application after recording the reasons. While hearing the application, the court can grant custody only if it feels that the ED needs to be interrogated, even if the accused has never been arrested under Section 19.
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