RAM KISHOR ARORA versus DIRECTORATE OF ENFORCEMENT

RAM KISHOR ARORA versus DIRECTORATE OF ENFORCEMENT

Because the appellant was handed the document containing the grounds of arrest, read it, and signed an endorsement stating he had been informed, there was due compliance with Section 19 of the PMLA and Article 22(1) of the Constitution; 'as soon as may be' means as early as possible and within a reasonably requisite time (interpreted as twenty-four hours), and the Pankaj Bansal direction to furnish written grounds 'henceforth' has prospective effect and cannot be applied retrospectively to render this arrest illegal.

Parties
Appellant: Ram Kishor Arora; Respondent: Directorate of Enforcement
Jurisdiction
India
Judgment Date
15 December 2023
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Arrest, Grounds of Arrest, Section 19 PMLA, Article 22(1) of the Constitution, Binding Precedent, Retrospective Effect
Prevention of Money Laundering Act, 2002 Constitutional Law Criminal Law Arrest Grounds of Arrest Section 19 PMLA Article 22(1) of the Constitution Binding Precedent +1 more

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Parties

Ram Kishor Arora

Appellant

Directorate of Enforcement

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether handing the document containing the grounds of arrest to the arrestee and taking it back after obtaining endorsement and signature, without furnishing a copy at the time of arrest, renders the arrest illegal under Section 19 of the PMLA and violative of Article 22(1) of the Constitution.

Ratio Decidendi

Because the appellant was handed the document containing the grounds of arrest, read it, and signed an endorsement stating he had been informed, there was due compliance with Section 19 of the PMLA and Article 22(1) of the Constitution; 'as soon as may be' means as early as possible and within a reasonably requisite time (interpreted as twenty-four hours), and the Pankaj Bansal direction to furnish written grounds 'henceforth' has prospective effect and cannot be applied retrospectively to render this arrest illegal.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.