• 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
Odisha nor'wester

Thunderstorms, Rain May Lash Bhubaneswar & 11 Odisha Dists By 5PM Today

6 minutes ago
From Registry Drama To Quiet Wedding: Former Odisha MLA Ties The Knot In Bhubaneswar

From Registry Drama To Quiet Wedding: Former Odisha MLA Ties The Knot In Bhubaneswar

28 minutes ago
CID To Collect Voice Samples From Abhishek Banerjee In Probe Over Alleged Threats To Amit Shah

CID To Collect Voice Samples From Abhishek Banerjee In Probe Over Alleged Threats To Amit Shah

40 minutes ago
“I Will Lead BJD In Next Elections”: Naveen Patnaik Clears Air After Sujata Karthikeyan Joins Party

“I Will Lead BJD In Next Elections”: Naveen Patnaik Clears Air After Sujata Karthikeyan Joins Party

51 minutes ago
Twin Earthquakes Rock Venezuela, Buildings Collapse In Caracas, Several Dead

Twin Earthquakes Rock Venezuela, Buildings Collapse In Caracas, Several Dead

53 minutes ago
TN Gas Leak: Another Woman From Odisha Succumbs, Toll Rises To 11

TN Gas Leak: Another Woman From Odisha Succumbs, Toll Rises To 11

2 hours ago
CBI Conducts Searches At 80 Locations Across 16 States And UTs In Cybercrime Probe

CBI Conducts Searches At 80 Locations Across 16 States And UTs In Cybercrime Probe

2 hours ago
Odisha Govt Sets Strict Timelines For Implementing Revised English Spellings Of Districts, Blocks & ULBs

Odisha Govt Sets Strict Timelines For Implementing Revised English Spellings Of Districts, Blocks & ULBs

2 hours ago
VK Pandian’s Wife Sujata Karthikeyan Set To Join BJD Today

VK Pandian’s Wife Sujata Karthikeyan Set To Join BJD Today

2 hours ago
Latest Odisha Breaking News Updates | Thursday, 25 June 2026

Latest Odisha Breaking News Updates | Thursday, 25 June 2026

3 hours ago
Kolkata Warehouse Collapse: Structural Engineer Among 5 Held, SIT Formed; Death Toll Rises To 8

Kolkata Warehouse Collapse: Structural Engineer Among 5 Held, SIT Formed; Death Toll Rises To 8

3 hours ago
Puri Jagannath Temple To Close For 5 Hours Today For ‘Rukmini Harana & Bibaha Utsav’

Puri Jagannath Temple To Close For 5 Hours Today For ‘Rukmini Harana & Bibaha Utsav’

3 hours ago
  • Home
  • About us
  • Career
  • Contact
  • Privacy Policy
  • Terms of Usage
Thursday, June 25, 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

CID To Collect Voice Samples From Abhishek Banerjee In Probe Over Alleged Threats To Amit Shah

CID To Collect Voice Samples From Abhishek Banerjee In Probe Over Alleged Threats To Amit Shah

by OB Bureau
June 25, 2026

Kolkata: The West Bengal Criminal Investigation Department (CID) has issued a notice to Trinamool Congress national general secretary and Lok...

TN Gas Leak: Another Woman From Odisha Succumbs, Toll Rises To 11

TN Gas Leak: Another Woman From Odisha Succumbs, Toll Rises To 11

by OB Bureau
June 25, 2026

Bhubaneswar/Chennai: The toll in ammonia gas leak at a seafood processing and export facility in Tamil Nadu's Tiruvallur district climbed...

CBI Conducts Searches At 80 Locations Across 16 States And UTs In Cybercrime Probe

CBI Conducts Searches At 80 Locations Across 16 States And UTs In Cybercrime Probe

by OB Bureau
June 25, 2026

New Delhi: In a major crackdown on cybercrime networks facilitating “digital arrest” scams, the Central Bureau of Investigation (CBI), under...

Kolkata Warehouse Collapse: Structural Engineer Among 5 Held, SIT Formed; Death Toll Rises To 8

Kolkata Warehouse Collapse: Structural Engineer Among 5 Held, SIT Formed; Death Toll Rises To 8

by OB Bureau
June 25, 2026

Kolkata: The death toll from Wednesday’s collapse of an under-construction warehouse in Taratala climbed to eight on Thursday as police...

Next Post
Mrunal Thakur Compared To Madhubala By ‘Kalki’ Director, Urged Not To Do ‘Random Stuff’

Mrunal Thakur Compared To Madhubala By 'Kalki' Director, Urged Not To Do 'Random Stuff'

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