Prevention of Money Laundering Act, 2002—Sections 19 and 45—Criminal Procedure Code, 1973 (CrPC)—Sections 41 and 50—Penal Code, 1860 (IPC)—Sections 417, 420, 465, 468, 471, 120B r/w 34—The petitioner challenged the legality of his arrest, claiming it violated Articles 21 and 22 of the Constitution due to non-communication of the grounds for arrest—He cited several Supreme Court decisions emphasizing the necessity of informing the arrested individual about the reasons for their detention—The respondent argued that the arrest was lawful, and the information provided was adequate—The court examined the applicability of the cited judgments and found that the petitioner was sufficiently informed under Section 50 of the Cr.P.C—The petition was dismissed, affirming that the arrest was l...

Validity of arrest under Section 19 of the PML Act. Prevention of Money Laundering Act, 2002, Section 19—Validity of arrest under Section 19 of the PML Act—This is not an appeal against refusal or grant of bail—Instead, this appeal impugns the validity of arrest under Section 19 of the PML Act—It raises a pivotal question regarding the scope and ambit of the trial court/courts to examine the legality of the arrest under Section 19—The issue is legal in nature, and with the ratio being propounded in detail, the decision becomes complex and legalistic—This appeal filed by the appellant assails the judgment and order dated 09.04.2024 passed by the single Judge of the High Court of Delhi whereby the Criminal Writ Petition filed by Arvind Kejriwal under Articles 226 and 227, read with Section 482 Crlpc, c...

(A) Quashing of Remand order—Unlawful Activities(Prevention) Act, 1967, Sections 13, 16, 17, 18, 22C—Indian Penal Code, 1860, Section 153A, 120B—Constitution of India, Articles 21,22—Petition to set aside arrest and Remand order—There is no hesitation in the mind of the Court to reach to a conclusion that the copy of the remand application in the purported exercise of communication of the grounds of arrest in writing was not provided to the accused appellant or his counsel before passing of the order of remand dated 4th October, 2023 which vitiates the arrest and subsequent remand of the appellant—As a result, the appellant is entitled to a direction for release from custody. (Paras 50,51) (B) Individual arrested—Constitution of India, Article 21—Right to life—Arrest to have Grounds...

Indian Penal Code, 1860 — Section 324—Arrested and released on bail—Writ petition filed by the wife of the detenu, challenging his detention order dated 7th October 2023, it was revealed that the detenu was involved in 11 cases, primarily for theft and two offenses under the NDPS Act—The last prejudicial activity occurred on 14th July 2023—Despite most cases being registered at Sulthan Bathery Police Station and one at Ambalavayal Police Station, both within the District of Wayanad, the sponsoring authority only submitted its report on 23rd August 2023—The detenu was arrested and released on bail on the same day, 25th July 2023—Notably, there was a considerable delay on the part of the sponsoring authority to report before the detention authority, with no proper explanation provided in the detenti...

Prevention of Money Laundering Act, 2002, Section 19—Constitution of India—Article 22(1)— Money Laundering—Supply of documents to arrestee—Direction to release—Illegal Arrest—Construction of "as soon as may be"—Interpretation as "as early as possible without avoidable delay" or "within reasonably convenient" or "reasonably requisite" period—Duty to inform arrestee about grounds of arrest—Reasonably convenient or requisite time as twenty-four hours from arrest—Compliance with Section 19 and Article 22(1) of the Constitution—Vijay Madanlal Choudhary precedent—Pankaj Bansal Case requiring written grounds henceforth, not retrospectively—Informed arrestee with signature and endorsement—Compliance with Section 1...

Indian Penal Code, 1860 — Section 229A, Section 328—Cigarette And Other Tobacco Products Act, 2003 — Section 6(b), Section 24(1)—Juvenile Justice (Care And Protection Of Children) Act, 2015 — Section 77—Arrested and remanded—Judicial custody—Accused, was arrested and remanded to judicial custody for alleged offenses under various sections of the Indian Penal Code (IPC), Cigarette and Other Tobacco Products Act, 2003, and Juvenile Justice (Protection and Care) Act. The charges relate to the illegal possession of banned tobacco products. The petitioner sought bail, claiming innocence. The court considered the period of incarceration, the absence of previous pending cases against the petitioner, and relevant legal principles, ultimately granting bail under specific conditions, including executi...

(A) Criminal Procedure Code, 1973—Section 167—Prevention of Money Laundering Act, 2002—Section 19—Validity of arrest—validity of arrests under the Act of 2002 depends on compliance with Section 19 and Section 167 of the Cr.P.C. Mere remand orders are not enough to validate arrests if they do not conform to the requirements of Section 19. Section 19, along with Section 167 Cr.P.C., offers sufficient safeguards for arrested individuals. Magistrates play a crucial role in ensuring compliance with Section 19, and any failure in this regard entitles the arrestee to release. Compliance with Section 167 of Cr.P.C. is necessary when an arrest is made under Section 19 of the Act of 2002. If a court fails in its duty to ensure compliance, a remand order cannot validate an unlawful arrest under the Act of 2002. (Pa...

Penal Code, 1860 (IPC), Sections 229A, Section 294(b), Section 323, Section 324, Section 448, Section 506(ii)—complainant, faces charges of forcibly demolishing the complainant's wall—A case was registered under various sections of the IPC, and the petitioner initially sought anticipatory bail, which was granted with conditions—However, the petitioner was subsequently arrested for non-compliance with the conditions—The court, upon review, has granted bail with conditions including a bond of Rs. 50,000, regular reporting to the police, and no interference with evidence or witnesses—Breach of conditions may result in appropriate legal action, and absconding may lead to a fresh FIR under Section 229A IPC. ...

Penal Code, 1860 (IPC), Section—299A—Criminal Procedure Code, 1973 (CrPC), Sections—167(2) 397, 482, 397(2), 173(8), 309(2)—FIR registered—Statutory bail—Further investigation—Additional charge sheet—Accused person loses his right of being let out on a statutory bail—Accused person arrested course investigation—Petition challenges the dismissal of a statutory bail application by a Special Judge in Tamil Nadu—Petitioner was arrested during further investigation—Not being an accused in the initial FIR or final report—The judge ruled that the petitioner couldn't claim statutory bail as the final report had been filed—The petitioner argued that such an order isn't purely interlocutory, and the High Court can exercise its inherent jurisdiction under Sec...

Arrack—Abkari Act—Section 8—Five litres of arrack—Carrying by appellant—Arrested—Conviction—Setting aside of—Prayer for—Denied by High Court—Hence this Criminal Appeal—Determination of—Offence in question—Final report after delayed investigation was submitted—He was convicted—More than 20 years passed since commission of offence—Supreme Court finds it fit to modify sentence of appellant to serve a period of three months, simple imprisonment—Fine as awarded by trial Court and upheld by High Court upheld—Considering economic status, period of time to deposit fine by appellant, as awarded, is extended by a period of one year—Judgment of trial Court shall stand modified, also to that extent—Appeal partly allowed in terms. (P...

Narcotic Drug and Psychotropic Substances Act, 1985 NDPS - S.8(c), S.22(b), S.29(1)—Arrested and detained on drug-related charges, seeks bail, claiming innocence—The prosecution argues that the quantity of the substance found is below the stipulated threshold for a serious offense—As a result, the court grants bail to the petitioner, requiring adherence to specific conditions, including regular reporting to the police and no tampering with evidence or witnesses during the investigation and trial—Violations may result in legal consequences. ...

Criminal Procedure Code, 1973 (CrPC)—Section 2—Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section 18, Section 50,—Arrest—Meaning of —State of Rajasthan appealed against the High Court's judgment acquitting Daulat Ram of charges under sections 8/18 of the NDPS Act—The High Court considered the search of a bag on the respondent's head as a personal search, invoking Section 50 of the NDPS Act—The Supreme Court, relying on the definition of "person" in a precedent, clarified that articles like bags cannot be treated as part of a person—Consequently, Section 50 was held inapplicable—The Court rejected the argument that questioning amounted to arrest and that a search compelled a confession—The appeal was allowed, setting aside the High Court...

Criminal Procedure Code, 1973 (CrPC)—Section 57—Arrest—Procedure—Narcotic Drugs and Psychotropic Substances Act (NDPS Act) but remaining in custody due to the Madhya Pradesh (MP) case—Arrested in the Rajasthan case on 22.6.1998, he was later implicated in the MP case—Although granted bail in the Rajasthan case, he could not secure release due to the MP case—Seeking bail in the MP case, he invoked Section 167(2) of the Criminal Procedure Code (CrPC)—The High Court of MP, denying bail, held he was not in judicial custody—The Supreme Court clarified that the appellant's arrest in the MP case lacked magistrate authorization within 24 hours, rendering the continued detention unlawful—The Court directed his release upon executing the bond for bail granted in the Rajasthan case, emp...