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TMI Blog2024 (9) TMI 1420X X X X Extracts X X X X X X X X Extracts X X X X ..... w and therefore, there are no hesitation in forming an opinion that the respondents have made arrest and thereafter, followed the procedures as contemplated under the provisions of PMLA and there are no infirmity as such. In view of the settled legal position of law, if a person is already in judicial custody in connection with another case, can be formally arrested in respect of investigation of the subsequent case. Therefore, the requirements of Section 19(3) of the provisions of PMLA is complied with and thus, there is no violation. The criminal original petition is devoid of merits and stands dismissed. - Honourable Mr. Justice S.M. Subramaniam And Honourable Mr. Justice V. Sivagnanam For the Petitioner : Mr. Abdulkumar Rajarathinam S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stant Director or any other officer authorised in this behalf by the Central Government by general or special order, has on the basis of material in his possession, reason to believe (the reason for such belief to be recorded in writing) that any person has been guilty of an offence punishable under this Act, he may arrest such person and shall, as soon as may be, inform him of the grounds for such arrest. Sub Section 3 reads as under: (3) Every person arrested under sub-section(1) shall, within twenty-four hours, be taken to a Special Court or Judicial Magistrate or a Metropolitan Magistrate, as the case may be, having jurisdiction: Provided that the period of twenty-four hours shall exclude the time necessary for the journey from the plac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 on 27.6.2024 and P.T.Warrant was issued on 28.6.2024 for the production of the accused on 2.7.2024. On 2.7.2024, a memo was received by this Court through Email from the office of the Superintendent, Central Jail No.4, Tihar, New Delhi, expressing their inability to produce the accused on 2.7.2024 stating that due to shortage time permission from Chief Metropolitan Magistrate, Central District, Tis Hazari Court, Delhi could not be obtained from the Trial Sessions Hon'ble Court of Delhi, which is mandatory for outstation production of the accused. Therefore, at the request of the respondent, again on 2.7.2024 the issuance of P.T.Warrant to produce the accused before this Court, a fresh P.T.Warrant was issued with sufficient time to pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is for the investigating agency concerned to satisfy the Magistrate with adequate material on the need for its custody, be it police or otherwise. This important factor is to be kept in mind by him while passing the judicial order. We reiterate that Section 19 of the PMLA, 2002, supplemented by Section 167 CrPC, 1973 does provide adequate safeguards to an arrested person. If Section 167 CrPC, 1973 is not applicable, then there is no role for the Magistrate either to remand or otherwise. 75. Such a Magistrate has a distinct role to play when a remand is made of an accused person to an authority under the PMLA, 2002. It is his bounden duty to see to it that Section 19 of the PMLA, 2002 is duly complied with and any failure would entitle t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as such. 9. In the case of State of Inspector of Police, Anti Land Grabbing Special Cell, City Crime Branch, Trichy vs. K.N.Nehru and Others reported in 2012 (1) MWN (Cr.) 4 (DB) , the Divion Bench of Madurai Bench of Madras High Court held as follows; 15. ......if an accused already is in judicial custody in connection with some other case, when the Investigating Officer wants to arrest him in connection with a different case, some confusion may surface regarding the mode of arrest. As has been held by the Hon'ble Supreme Court in CBI, vs. Anupam J.Kulkarani, reported in 1992 (3) SCC 141], he can effect formal arrest of the accused in prison. As provided in Section 46(1) of the Code of Criminal Procedure by effecting arrest in prison, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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