‘If arrest of accused isn’t valid as per Section 19, an order of remand shall fail on that ground’

The Supreme Court has observed that a court, while exercising powers under Section 167 CrPC of remanding any person arrested by the Directorate of Enforcement, has a foremost duty to verify and ensure that the arrest is valid and lawful as per the requirements of Section 19 PML Act 2002, reported by livelaw.in on Wednesday.

The Top Court also held that in the event the Court fails to discharge this duty in right earnest and with the proper perspective, the order of remand would fail on that ground itself.

Section 19 of the PMLA Act provides for inbuilt safeguards to be adhered to by the authorised officers, such as recording reasons in writing for the belief regarding the involvement of the person in the offence of money laundering and informing the person being arrested of the grounds of his arrest.

The court also referenced its August 2023 judgement in the case of V. Senthil Balaji vs. The State, emphasising the crucial role of recording reasons for arrest as a means to ensure fairness and accountability in the process.

In that judgement, the court affirmed the duty of the authorised officer of the Enforcement Directorate to provide clear reasons for the arrest of an individual.