VidhiSangh

Supreme Court of India · 21/01/2025

DIRECTORATE OF ENFORCEMENT versus SUBHASH SHARMA

[2025] 1 S.C.R. 1409 · 2025 INSC 141

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Summary

The Supreme Court upheld bail granted by the High Court to an accused under the PMLA, holding that his arrest was vitiated because he was not produced before the nearest Magistrate within 24 hours of the Enforcement Directorate taking physical custody of him, and that where an arrest is illegal bail cannot be refused on the twin conditions of Section 45 of the PMLA.

Issues

  1. Whether the respondent's arrest was illegal for failure to produce him before a Magistrate within 24 hours, where the Directorate took physical custody of him at the airport on a Look Out Circular well before the time recorded in the arrest memo.
  2. Whether Section 57 of the Cr.P.C. applies to proceedings under the PMLA.
  3. Whether bail can be refused on the twin conditions of Section 45(1)(ii) of the PMLA when the arrest is found to be illegal.

Provisions considered

Held

Result

Appeal by the Directorate of Enforcement dismissed; the High Court's order granting bail upheld.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 1409.