Published on: December 31, 2023 at 00:10 IST
Court: Supreme Court of India
Citation: Ram Kishor Arora V. Enforcement Directorate (2023)
Honourable Supreme Court of India has held that it is essential by the officers arresting the persons under Section 19 of Prevention of Money Laundering Act, 2002 to furnish the grounds of arrest in writing. It is held that that a copy of written grounds of arrest is required to be furnished to the arrested person as a matter of course and without exception. It is held that the action of informing the person arrested about the grounds of his arrest is a sufficient compliance of Section 19 of Prevention of Money Laundering Act, 2002 as also Article 22(1) of the Constitution of India.
24. In so far as the facts of the present case are concerned, it is not disputed that the appellant was handed over the document containing grounds of arrest when he was arrested, and he also put his signature below the said grounds of arrest, after making an endorsement that “I have been informed and have also read the above-mentioned grounds of arrest.”
The appellant in the rejoinder filed by him has neither disputed the said endorsement nor his signature below the said endorsement. The only contention raised by the learned Senior Counsel, Mr. Singhvi is that he was not furnished a copy of the document containing the grounds of arrest at the time of arrest. Since the appellant was indisputably informed about the grounds of arrest and he having also put his signature and the endorsement on the said document of having been informed, we hold that there was due compliance of the provisions contained in Section 19 of PMLA and his arrest could neither be said to be violative of the said provision nor of Article 22(1) of the Constitution of India.
Drafted By Abhijit Mishra