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TMI BlogPMLA and CrPC: Supreme Court's Interpretation on Summons, Appearance, and ArrestX X X X Extracts X X X X X X X X Extracts X X X X ..... provisions of the Prevention of Money Laundering Act (PMLA) and the application of certain sections of the Code of Criminal Procedure (CrPC) in cases under the PMLA. The judgment clarifies various aspects related to the issuance of summons, appearance of the accused, granting of bail, and the powers of the Enforcement Directorate (ED) and Special Courts in PMLA cases. Arguments Presented The prima ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complaint u/s 44(1)(b) of the PMLA. Section 205 of the CrPC, which allows a Magistrate to dispense with the personal attendance of the accused and permit them to appear through a pleader, applies to complaints under the PMLA. Section 88 of the CrPC, which empowers the Court to require an accused to execute a bond for their appearance, applies to complaints under the PMLA. An order accepting bonds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pears pursuant to a summons and prevents them from being treated as if they are in custody. The Court has struck a balance between the investigative powers of the ED and the rights of the accused, ensuring that the accused is not unnecessarily deprived of their liberty. The Court has also clarified the application of various provisions of the CrPC in PMLA cases, ensuring that the accused is not de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that an accused who appears before a Special Court pursuant to a summons issued u/s 44(1)(b) of the PMLA should not be treated as if they are in custody, and therefore, they need not apply for bail. The Court also clarified that the Enforcement Directorate (ED) cannot exercise the power of arrest u/s 19 against an accused named in the complaint after cognizance is taken by the Special Court. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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