• Latest
  • Trending
  • All
  • Sport
  • Cricket
  • Odisha
Supreme Court Rejects IMA President’s Affidavit Seeking Apology, Hints At Publish Public Apology Like Ramdev

ED Cannot Arrest Accused After Special Court Has Taken Cognisance Of PMLA Complaint : Supreme Court

2 years ago
Did India Send Out A Strong Message During Op Sindoor Through Kirana Hills Strike? Know More

Did India Send Out A Strong Message During Op Sindoor Through Kirana Hills Strike? Know More

2 hours ago
Pocso court

FIR To Sentence In 18 Days: A Landmark Fast-Track Conviction In Bhubaneswar

3 hours ago
Safety Upgrades At Odisha Station: Check Affected Train Schedules From Aug 27

Safety Upgrades At Odisha Station: Check Affected Train Schedules From Aug 27

3 hours ago
Odisha CM Majhi, Speaker Mourns Death Of Senior Congress Leader

Odisha CM Majhi, Speaker Mourns Death Of Senior Congress Leader

4 hours ago
India, US Discuss Civil Nuclear Cooperation Ahead Of IAEA’s ATLAS Launch

India, US Discuss Civil Nuclear Cooperation Ahead Of IAEA’s ATLAS Launch

4 hours ago
22 Districts In Surplus: Odisha Records 28% Excess Rain So Far This Monsoon

22 Districts In Surplus: Odisha Records 28% Excess Rain So Far This Monsoon

4 hours ago
Murderer Of Indian-Origin Trader In The US Arrested After Dramatic Chase

Murderer Of Indian-Origin Trader In The US Arrested After Dramatic Chase

5 hours ago
Meghalaya Assembly Unanimously Rejects Uranium Mining, Ore-Processing Facility

Meghalaya Assembly Unanimously Rejects Uranium Mining, Ore-Processing Facility

5 hours ago
Odisha: Malkangiri Air Service Set For Sept 3 Takeoff!

Odisha: Malkangiri Air Service Set For Sept 3 Takeoff!

5 hours ago
Sandeep Reddy Vanga Calls Mahesh Babu-Priyanka’s ‘Varanasi’ A ‘Bigger Film’ Than Prabhas’ ‘Spirit’

Sandeep Reddy Vanga Calls Mahesh Babu-Priyanka’s ‘Varanasi’ A ‘Bigger Film’ Than Prabhas’ ‘Spirit’

5 hours ago
Aparajita Sarangi Presents 7-Year Achievements Across Road Infra, Health & Heritage

Aparajita Sarangi Presents 7-Year Achievements Across Road Infra, Health & Heritage

6 hours ago
Got MPSC Paper Leaked For Girlfriend, Turned Whistleblower After Breakup

Got MPSC Paper Leaked For Girlfriend, Turned Whistleblower After Breakup

6 hours ago
  • Home
  • About us
  • Career
  • Contact
  • Privacy Policy
  • Terms of Usage
Thursday, August 27, 2026
No Result
View All Result
OdishaBytes
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review
No Result
View All Result
OdishaBytes
No Result
View All Result
Home India

ED Cannot Arrest Accused After Special Court Has Taken Cognisance Of PMLA Complaint : Supreme Court

by OB Bureau
May 16, 2024
in India
Reading Time: 2 mins read
Supreme Court Rejects IMA President’s Affidavit Seeking Apology, Hints At Publish Public Apology Like Ramdev
491
SHARES
1.4k
VIEWS
Share on FacebookShare on Twitter

New Delhi: In a significant judgment, the Supreme Court on Thursday, said that the Enforcement Directorate (ED) cannot directly arrest a person under the Prevention of Money Laundering Act (PMLA), 2002, once a special court takes cognisance of the complaint but will have to approach the special court if it wants his or her custody.

“After cognizance is taken of the offence punishable under Section 4 of the PMLA based on a complaint under Section 44, the ED and its officers are powerless to exercise powers under Section 19 to arrest a person shown as accused in the complaint. If the ED wants custody of the accused who appears after service of summons for conducting further investigation in the same offence, the ED will have to seek custody of the accused by applying to the special court,” a bench of Justices A S Oka and Ujjal Bhuyan said, LiveLaw reported.

ADVERTISEMENT

The Supreme Court added that the special court “after hearing the accused…must pass an order on the application after recording brief reasons. While hearing such application, the court may permit custody only if it is satisfied that custodial interrogation at that stage is required even though the accused was never arrested under Section 19”.

“However, when ED wants to conduct further investigation concerning the same offence, it may arrest a person not shown as an accused in the complaint already filed, provided the requirements of Section 19 are fulfilled,” the court further said.

The bench said, “If the accused was not arrested by the ED till the filing of the complaint by taking cognisance on a complaint under Section 44 as a normal rule, the court should issue a summons to the accused and not a warrant. Even in the case where the accused is on bail, a summons must be issued.”

It added, “After summons is issued under Section 204…If the accused appears before the special court pursuant to a summons, he shall not be treated as if he is in custody. Therefore, it is not necessary for him to apply for bail. However, the special court can direct the accused to furnish bonds in terms of Section 88 of the Code of Criminal Procedure [CrPC].”

The Supreme Court said that special courts can even grant exemption from appearance in a case where the accused shows sufficient cause.

“If the accused does not appear, the special court can issue a warrant in terms of Section 70 CrPC. The special court must issue first a bailable warrant. If it is not possible to effect service of bailable warrant, then the recourse can be taken to non-bailable warrants,” the bench explained, according to the report.

The bench said that “a bond furnished according to Section 88 CrPC is only an undertaking by an accused who is not in custody to appear before the court on the date fixed”. Therefore, an order accepting bonds under Section 88 from the accused does not amount to a grant of bail, it added. If a warrant is issued on account of non-appearance, the court has the power to cancel the warrant and it is not necessary to apply for bail, the Supreme Court clarified. The top court was dealing with the question of whether the execution of bond by an accused under Section 88 of CrPC would amount to applying for bail so as to make the twin conditions of bail under Section 45 of PMLA applicable.

Share196Tweet123
ADVERTISEMENT
Previous Post

Odisha Wants Naveen Patnaik To Take Rest, Says J P Nadda At Bhubaneswar Roadshow

Next Post

Odisha: HC Breather For Anubhav Mohanty In Domestic Violence Case

OB Bureau

OB Bureau

Related Posts

Did India Send Out A Strong Message During Op Sindoor Through Kirana Hills Strike? Know More

Did India Send Out A Strong Message During Op Sindoor Through Kirana Hills Strike? Know More

by OB Bureau
August 26, 2026

New Delhi: Did India, through actions, give an indication to Pakistan during Operation Sindoor that it can cause extensive damage...

India, US Discuss Civil Nuclear Cooperation Ahead Of IAEA’s ATLAS Launch

India, US Discuss Civil Nuclear Cooperation Ahead Of IAEA’s ATLAS Launch

by OB Bureau
August 26, 2026

Washington: Atomic Energy Commission chairman Ajit Kumar Mohanty held discussions on Wednesday with US energy secretary Chris Wright in Washington...

Murderer Of Indian-Origin Trader In The US Arrested After Dramatic Chase

Murderer Of Indian-Origin Trader In The US Arrested After Dramatic Chase

by OB Bureau
August 26, 2026

Jackson: A man, accused of murdering an Indian-origin trader Suresh Patel (56), inside his liquor store in Jackson, Tennessee, USA,...

Meghalaya Assembly Unanimously Rejects Uranium Mining, Ore-Processing Facility

Meghalaya Assembly Unanimously Rejects Uranium Mining, Ore-Processing Facility

by OB Bureau
August 26, 2026

Shillong: The Meghalaya Assembly on Wednesday unanimously passed a resolution opposing uranium mining and any proposal to establish a uranium...

Next Post
Odisha: HC Breather For Anubhav Mohanty In Domestic Violence Case

Odisha: HC Breather For Anubhav Mohanty In Domestic Violence Case

OMC-Ad OMC-Ad OMC-Ad
SAI International School SAI International School SAI International School
OdishaBytes

Copyright © 2026 Frontier Media

Navigate Site

  • About
  • Advertise
  • Privacy & Policy
  • Contact
  • News Feed

Follow Us

No Result
View All Result
  • Home
  • Odisha
    • Policy & Politics
    • City
  • India
  • Sport
    • Cricket
    • Football
    • Hockey
    • IPL
  • Entertainment
    • Music
    • Movie Review
    • Television
    • Bollywood
    • Hollywood
    • Ollywood
  • Business
  • Lifestyle
    • Travel
    • Food
    • Health
    • fashion
  • World
  • More
    • News You Can Use
    • Good News
    • Viral Videos
    • Tech
      • Cars & Bikes
      • Mobile & Gadgets
      • Review

Copyright © 2026 Frontier Media