HC analyzed the interpretation of "nearest Magistrate" in money ...

Arrest Procedures: Judicial Proximity Defined as Jurisdictional Magistrate Access Within 24-Hour Constitutional Window

April 14, 2025

Case Laws Money Laundering HC

HC analyzed the interpretation of "nearest Magistrate" in money laundering arrest procedures. The court held that production before the jurisdictional Magistrate within 24 hours satisfies constitutional requirements under Article 22(2), and is not mandatorily restricted to geographically closest Magistrate. The arrest by ED under PMLA Section 19(1) was deemed valid, with procedural technicalities considered inadvertent omissions. The court emphasized that constitutional rights are violated only if an accused is detained beyond 24 hours without judicial production. The petitioner's challenge to detention was dismissed, affirming the legal validity of the arrest and subsequent remand proceedings.

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HC analyzed the interpretation of "nearest Magistrate" in money ...

Arrest Procedures: Judicial Proximity Defined as Jurisdictional Magistrate Access Within 24-Hour Constitutional Window

April 14, 2025

Case Laws Money Laundering HC

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