“If the accused appears before the special court by summons (issued by court), it cannot be treated that he is in custody,” it said
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The Supreme Court held that the ED cannot arrest an accused under Section 19 of the PMLA after a special court has taken cognisance of the complaint of money laundering. A bench of Justices Abhay S Oka and Ujjal Bhuyan said when an accused appears before a court in pursuance of a summons, the agency will have to apply to the court concerned to get his custody.
“If the accused appears before the special court by summons (issued by court), it cannot be treated that he is in custody,” it said. “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,” the bench said.
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