Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Furnishing bonds Power to take bond for appearance Section 200 to 2005 of Code of Criminal Procedure 1973 Cancellation of warrants Section 89 of Code of Criminal Procedure 1973 Section 88 of Code of Criminal Procedure 1973 Section 19 of Prevention of Money Laundering Act 2002 Regular appearance in Special Court Section 44(1)(b) of Prevention of Money Laundering Act 2002 Section 4 of Prevention of Money Laundering Act 2002 Arrest on breach of bond for appearance |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Prevention of Money Laundering Act, 2002 (0 of 2002) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | (a) Whether the complaint filed u/s.44(1)(b) of Prevention of Money Laundering Act, 2002 will be governed by sections 200 to 205 of the CrPC; (b) If the accused was not arrested by the ED till the filing of the complaint, while taking cognizance on complaint u/s.44(1)(b), whether the Court should issue a summons to the accused or warrant; (c) After a summons are issued u/s. 204 of the CrPC on taking cognizance of the offence punishable u/s. 4 of the PMLA on a complaint, if accused appears before the Special Court, would he be treated as in custody and is it necessary for him to apply for bail; (d) In a case where the accused appears pursuant to a summons before the Special Court, whether the Special Court can grant exemption from personal appearance; (e) If the accused does not appear after summons are served or does not appear on a subsequent date, whether the Special Court can issue warrant within its power; (f) Whether the order accepting bonds u/s. 88 of the CrPC amounts to grant of bail; (g) In a case where the accused has furnished bonds u/s. 88 of the CrPC, if he fails to appear on subsequent dates, whether the Special Court has power to issue warrant directing that the accused shall be arrested and produced before the Special Court and if such a warrant is issued, will it be open for the accused to apply for cancellation of the warrant by giving an undertaking to appear on all dates fixed; (h) When a warrant of arrest has been issued on account of non-appearance or proceedings u/s. 82 and/or s.83 of the CrPC, whether the accused can be let off by taking bond u/s.88 of the CrPC; (i) Whether ED and its officers have power u/s.19 to arrest a person shown as a accused in the complaint after cognizance is taken of the offence punishable u/s. 4 of the PMLA based on complaint u/s. 44(1)(b); (j) What if the ED wants custody of the accused who appears after service of summons for conducting further investigation in the same offence.Headnotes Prevention of Money Laundering Act, 2002 – s.44(1)(b) – Code of Criminal Procedure, 1973 – s. 200 to s.205 – Whether the complaint filed u/s.44(1)(b) of Prevention of Money Laundering Act, 2002 will be governed by sections 200 to 205 of the CrPC. |
Judge | Hon'ble Mr. Justice Abhay.S. Oka |
Neutral Citation | 2024 INSC 434 |
Petitioner | Tarsem Lal |
Respondent | Directorate Of Enforcement Jalandhar Zonal Office |
SCR | [2024] 6 S.C.R. 864 |
Judgement Date | 2024-05-16 |
Case Number | 2608 |
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