Yogesh Dua Vs Directorate of Enforcement through (Calcutta High Court)
Calcutta High Court held that the mandate laid down under Section 19 of the PMLA has been complied with by the arresting officer in effecting arrest of the petitioner. Accordingly, arrest cannot be said to be vitiated for non-compliance of the same. Thus, writ petition is dismissed.
Facts- The petitioner who is in custody since April 4, 2025 in connection with the present case has challenged the legality of his arrest. Notably, FIR No. 60 dated June 17, 2024 was registered at Cyber P.S., Kolkata, under Section 66C/66D of the I.T. Act read with Sections 120B/170/384/419/420/465/467/468/471 of the Indian Penal Code and eight accused persons were arrested. The FIR relates to an alleged financial fraud of Rs. 47,00,000/-. The petitioner was neither named in the FIR, nor has any nexus with the accused persons arrested. The petitioner was arrested on February 23, 2025.
Conclusion- Held that the mandate laid down under Section 19 of the PMLA has been complied with by the arresting officer in effecting arrest of the petitioner. In view thereof, the petitioner is not entitled to release on such score. It is made clear that this Court has not gone into the merits of the case since release of the petitioner has been sought solely on the ground of non-compliance of Section 19 of the PMLA. In the event the petitioner seeks bail on merits, the appropriate Court may deal with the same independently in accordance with law without being influenced by any observation which may have been made in this judgment. The writ petition is accordingly dismissed.
