VidhiSangh

Supreme Court of India · 03/10/2023

PANKAJ BANSAL versus UNION OF INDIA & ORS.

[2023] 12 S.C.R. 714 · 2023 INSC 866

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Summary

The Supreme Court set aside the appellants’ PMLA arrests and consequential remand orders, finding non-compliance with statutory safeguards and arbitrary exercise of power. It held that, henceforth, written grounds of arrest must be furnished as a matter of course. A remand order does not cure an unlawful arrest, and mere non-cooperation or failure to confess does not satisfy Section 19. Immediate release was ordered unless detention was lawfully required in another case.

Issues

  1. Whether the arrests and remand orders complied with Section 19 PMLA.
  2. Whether reading out or permitting reading of arrest grounds sufficiently communicated them.
  3. Whether alleged evasiveness alone justified arrest.

Provisions considered

Held

Result

Appeals allowed without costs. High Court orders, arrest orders and memos, remand orders and consequential orders set aside. Appellants to be released forthwith unless their detention was validly required in another case.

Judgment PDF: Supreme Court of India, [2023] 12 S.C.R. 714.