2024 (7) TMI 1117 - SCH - Money Laundering

Interpretation of statute - Section 88 of the Criminal Procedure Code - necessity of arrest before filing a complaint - HELD THAT - It is not in dispute that the question of law raised in this appeal is covered by the dictum of this Court in TARSEM LAL VERSUS DIRECTORATE OF ENFORCEMENT JALANDHAR ZONAL OFFICE 2024 (5) TMI 837 - SUPREME COURT , wherein, it has been held that if the accused person is not arrested prior to filing of the complaint, he has to only file a bond under Section 88, Cr.P.C., and, therefore, there is no need for arrest. The impugned order is set aside, and the appeal stands allowed.

Summary

The Supreme Court granted leave in the case. The appeal was allowed based on the precedent set in Tarsem Lal v. Directorate of Enforcement Jalandhar Zonal Office. The impugned order was set aside, and the appellant was directed to file a bond under Section 88 Cr.P.C.