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PMLA – Inconsistent Use of Section 50 & Section 19 for Illegal Arrest

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Judgment dated 27.10.2026 of the High Court of Bombay in Criminal writ Petition No.3476 of 2026 of Jintendra Pandey Vs. Directorate of Enforcement and another

Present Petition is filed under Article 227 of the Constitution of India and Sections 528 and 529 of the Bharatiya Nagarika Suraksha Sanhita, 2023 seeking to quash and set aside remand orders dated 23.06.2026, 29.06.2026 and 04.07.2026 passed in Remand Application No.903 of 2026 by the learned Additional Sessions Judge, Special Court under Prevention of Money Laundering Act, 2002 (for short ‘PMLA, 2002’) at City Civil and Sessions Court, Mumbai. Petitioner is also seeking direction declaring arrest of the Petitioner by 1 of 27 illegal and violative of Section 19(1) of PMLA, 2002 and Articles 14 and 21 of the Constitution of India.

In the initial FIR No.294 of 2023 registered with Naupada Police Station, Thane for offences punishable under Sections 409, 420, 467, 468, 34 and 120B of Indian Penal Code, 1860 and 66 (C) & 66 (D) of the Information Technology Act, 2000 against the Petitioner and he was arraigned as accused No.4, there was no specific role was imputed qua the Petitioner.

On 26.12.2023, Respondent No.1 – ED registered ECIR No. MBZO-I/53/2023 in relation to predicate offences involved in FIR No.294 of 2023 wherein proceeds of crime were shown to be Rs.1618 crore. However, on 08.01.2024 charge-sheet was filed but Petitioner was not charge sheeted. However on 31.03.2024, Petitioner was arrested.

However, the petitioner was shown as accused no.1 in the supplementary charge sheet of 14.5.2024 for the said offences.

On 7.6.2024, the petitioner was granted regular bail.

The petitioner was again arrested on 23.6.2026.  However, before the said arrest five statements of the petitioner were recorded and three times after the arrest.

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