2019 (1) TMI 1923 - HC - Money Laundering

Money Laundering - summon of petitioner through arrest warrants - Section 482 of Cr.P.C. - HELD THAT - The present petition is disposed of, in same terms as in S.B. Criminal Misc. Petition No.7892/2018, Pushpendra Agarwal vs Mukesh Kumar Meena, Assistant Director, EnforcementDirectorate, Jaipur Zonal, decided on 17.12.2018 2018 (12) TMI 1808 - RAJASTHAN HIGH COURT , where it was held that

Summary

Issues:
1. Conversion of arrest warrants to bail able warrants in a complaint case.
2. Applicability of the judgment in Inder Mohan Goswami & Another Vs. State of Uttaranchal & Others.
3. Disposal of the present petition based on the previous judgment in S.B. Criminal Misc. petition No.7892/2018.

Analysis:
1. The main issue in this judgment revolves around the conversion of arrest warrants to bail able warrants in a complaint case. The petitioner's counsel argued that the arrest warrants issued by the Special Sessions Court, Jaipur, under the Prevention of Money Laundering Act, 2002, should be converted to bail able warrants. Citing the case of Inder Mohan Goswami & Another Vs. State of Uttaranchal & Others, the counsel contended that the trial court should not have issued an arrest warrant in the first instance for summoning the petitioner in a complaint case. The court, after hearing both sides, decided to convert the arrest warrants into bail able warrants based on the judgment cited, thereby disposing of the present petition.

2. The judgment in Inder Mohan Goswami & Another Vs. State of Uttaranchal & Others was crucial in this case. The counsel for the petitioner relied on this case to argue that the trial court should not have issued an arrest warrant to summon the petitioner in a complaint case. By referencing this judgment, the counsel successfully persuaded the court to convert the arrest warrants into bail able warrants, aligning with the principles established in the cited case. This highlights the importance of legal precedents and their application in similar situations to ensure fair and just outcomes.

3. Finally, the court disposed of the present petition based on the judgment delivered in S.B. Criminal Misc. petition No.7892/2018 on 17.12.2018 involving co-accused Pushpendra Agarwal. The decision in the previous case set a precedent for converting arrest warrants to bail able warrants, which was applied in the current petition as well. By maintaining consistency in decisions and following established legal principles, the court ensured uniformity and fairness in the treatment of similar cases. This approach underscores the significance of judicial precedent and the impact it can have on subsequent judgments, promoting legal certainty and predictability in the legal system.