Enforcement Directorate and its officers cannot arrest an accused as per Section 19 of the PMLA after the Special Court has taken cognizance of the complaint. “If the ED wants custody of such accused, it will have to apply to court for custody.
Accused who appeared before the court pursuant to the summons not required to apply for bail, and thus twin conditions of Section 45 of PMLA not applicable," said a bench of Justices Abhay S Oka and Ujjal Bhuy as quoted by Live Law. The twin conditions stated that if an accused in a money laundering case seeks bail, the court must first hear the public prosecutor.
Bail can only be granted if the court is convinced that the accused is not guilty and is unlikely to commit a similar offence upon release. The top court delivered its verdict on whether an accused in a money laundering case must fulfill the rigorous twin conditions for bail, even when the special court takes cognizance of the offence.
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