Case Law Details
Abhishek Boinpally Vs Directorate Of Enforcement (Delhi High Court)
Held that the petitioner is required to cross the bar of twin conditions as laid down under Section 45 of PMLA to be released on bail. In absence of the same, application stands dismissed.
Facts- The petitioner Abhishek Boinpally has assailed the orders dated 31.10.2022, 13.11.2022 and 14.11.2022 in the Writ Petition (Crl.) no. 705/2023 titled as “Abhishek Boinpally vs Directorate of Enforcement” in which the petitioner has challenged legality and validity of the arrest of the accused and has thus prayed that he be released on bail.
It is contested that there were no valid grounds for arrest u/s. 19 PMLA, nor does the prerequisite of Section 19(1) PMLA exist. It has been submitted that even Section 19(2) PMLA r/w rules of 2005 were not followed as there was no availability of the material in possession on the basis whereof the reasons are recorded in writing that the person is guilty. It has been submitted that u/s. 19(2) PMLA it was a pre-requisite to send the material immediately to the adjudicating authority.
It was further contested that production warrant under Section 267 could not have been issued by the Special Judge in the PMLA case, while the petitioner was in custody in another case of the CBI.
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