Bail – Prevention of Money Laundering Act, 2002 – ss.45, 65 – Constitution of India – Art.22(2), 21 – Code of Criminal Procedure, 1973 – s.57 – Arrest vitiated if fundamental rights of the accused u/Arts.21 and 22 were violated – On facts, arrest of the respondent, if was illegal:
Held: Yes – Respondent was not produced before the Magistrate within 24 hours from his arrest – Therefore, the arrest was illegal as a result of the violation of his fundamental rights u/Art.22(2) – Since there was a violation of Art.22(2), even his fundamental right to liberty guaranteed u/Art.21 was violated – Further, the requirement of Art.22(2) has been incorporated in s.57, CrPC – There is no in-consistency between the PMLA and s.57, Cr.P.C – By virtue of s.65 of the PMLA, s.57 of the Cr.P.C applies to the proceedings under the PMLA – Once it is found that the fundamental rights of the accused u/Arts.21 and 22 have been violated while arresting the accused or after the arrest, it is the duty of the Court dealing with the bail application to release the accused on bail as the arrest in such cases is vitiated – It is the duty of every Court to uphold the fundamental rights guaranteed u/Arts.21 and 22 – Therefore, when arrest is illegal or vitiated, bail cannot be denied on the grounds of non-fulfillment of twin tests u/s.45(1)(ii) of PMLA – No error in the impugned order. [Paras 6-9]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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