Case Law Details
Pranav Gupta Vs Union Of India And Another (Punjab and Haryana High Court)
Punjab and Haryana High Court held that petitioner ordered to be released from judicial custody due to pervasive breach caused to the mandatory provisions of Section 19 of the Prevention of Money Laundering Act, 2002. Arrest declared to be illegal.
Facts- The petitioners became arrested and also became remanded to judicial custody through an order made on 28.10.2023, by the Remandee Court concerned. Therefore, it has to be determined whether the arrest of the petitioners was terms of the relevant provisions embodied in Sections 17-A, 18(1), and, in Section 19(1) of the Prevention of Money Laundering Act, 2002.
The matter involved here is whether the restraint or arrest as became encumbered, upon the accused on 27.10.2023, is liable to be pronounced to be completely non est or illegal. Resultantly, whether the challenged orders of remand are to be declared to be perfunctory and mechanically made, besides whether the petitioners are entitled to theirs being released from judicial custody.
Conclusion- Held that the accused had accompanied, the E.D. officials, on 27.10.2023, thus in the respectively seized vehicle or in the vehicles belonging to the E.D. officials. Therefore, the said mode of the accused accompanying the E.D. officials, thus cannot be construed to be theirs either voluntarily or willingly accompanying them, to the E.D. headquarters, nor thereby the said manner of accompanying of the accused with the E.D. officials, can be termed to be in pursuance to theirs becoming summoned, thus for their interrogation being made, at the E.D. headquarters located at Delhi.
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