2019 (6) TMI 1636 - HC - Money Laundering

Summoning of petitioner through arrest warrants - Sections 3 and 4 of Prevention of Money Laundering Act, 2002 - HELD THAT - The arrest warrants issued against the petitioner is converted as bail able warrants. Petition disposed off.

Summary

Issues:
1. Conversion of arrest warrants to bailable warrants in a case under Prevention of Money Laundering Act, 2002.
2. Validity of summoning petitioner through arrest warrants in a complaint case.

Analysis:
1. The petitioner filed a petition under Section 482 Cr.P.C. seeking to set aside the order passed by the Special Sessions Court, Jaipur, which had summoned the petitioner through arrest warrants for offences under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002. The petitioner's counsel argued for the conversion of the arrest warrants to bailable warrants, citing the case of Inder Mohan Goswami & Another Vs. State of Uttaranchal, to support the contention that the trial court should not have issued the warrant of arrest in the first instance. After hearing both parties, the Court converted the arrest warrants against the petitioner into bailable warrants, in line with the judgment referred to by the petitioner's counsel.

2. The petitioner's counsel argued that in a complaint case, the petitioner should not have been summoned through arrest warrants. Relying on legal precedents and the principles of law, the Court considered the argument and decided to convert the arrest warrants to bailable warrants. The Court emphasized that the issuance of arrest warrants against the petitioner in a complaint case was not appropriate, leading to the conversion of the warrants. Consequently, the Court disposed of the petition in favor of the petitioner, highlighting the importance of following due process and legal principles in summoning individuals in such cases.

This judgment by the Rajasthan High Court addressed the issues of converting arrest warrants to bailable warrants and the validity of summoning the petitioner through arrest warrants in a complaint case under the Prevention of Money Laundering Act, 2002. The Court's decision to convert the arrest warrants into bailable warrants reflects the application of legal principles and precedents to ensure fair treatment and adherence to due process in criminal proceedings.