Highlights

  • Supreme Court upholds ED's power under PMLA
  • It stated that ED may arrest, inquire, attach property under PMLA
  • The apex court also said that ED need not give case report every time

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Supreme Court upholds Enforcement Directorate's power to arrest in money laundering cases

A bench headed by Justice AM Khanwilkar delivered the verdict on a batch of petitions challenging ED's process of arrest, seizure and investigation as well as its interpretation of certain provisions of the PMLA. 

The Supreme Court on Wednesday upheld the Enforcement Directorate’s power to inquire, arrest, and attach property under the Prevention of Money Laundering (PMLA) Act. It also specified that it is not mandatory for the probe agency to give an Enforcement Case Information Report (ECIR) in every case to the person concerned.

A bench headed by Justice AM Khanwilkar delivered the verdict on a batch of petitions challenging ED's process of arrest, seizure and investigation as well as its interpretation of certain provisions of the PMLA.

It is enough if the Enforcement Directorate (ED) discloses grounds at the time of arrest, Justice A M Khanwilkar.

Also Watch| In 17 years, ED filed over 5400 money laundering cases; secured conviction against 23 people

The top court upheld the constitutionality of the provisions of Sections 5, 8(4), 15, 17 and 19 of the PMLA, which relate to ED's power of arrest, attachment and search and seizure.

In response to petitioners arguments that the "twin conditions" for bail in money laundering cases were very stringent, the bench affirmed the validity of this provision. It said the twin provisions for bail under the Act are legal and not arbitrary.

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