Contradictions In Eyewitness Accounts And Suppression Of Crucial Evidence Weaken The Prosecution's Case: Telangana High Court High Court of Sikkim Sets Aside Trial Court’s Decision on Maintainability of Suit: Preliminary Issues Must Be Purely of Law Courts Must Focus on Substance Over Procedure, Says High Court Writ Petitions Against Civil Court Orders Must Be Under Article 227: Patna High Court Reiterates Jurisdictional Boundaries Kerala High Court Upholds Eviction, Rejects Sub-Tenant's Kudikidappu Claim Contractual Employment Does Not Confer Right to Regularization: Jharkhand High Court Divorced Wife Entitled to Maintenance Under Domestic Violence Act for Past Domestic Violence: Bombay High Court Tenants Cannot Prescribe How Landlords Utilize Their Property: Delhi High Court Validates Eviction Labour Commissioner to Decide Petitioner’s Date of Birth Claim within Three Months, Ensuring Proper Verification and Consideration of Evidence: Uttarakhand High Court Concealment of Health Condition and False Allegations Amount to Cruelty: Gujarat High Court Upholds Divorce Decree Possession Implies Constructive Notice: Duty to Inquire Rests on Subsequent Purchasers: Supreme Court Clarifies Bona Fide Purchase Standards Judicial Proceedings Cannot Be Instituted After Four Years: MP High Court in Quashing FIR Against Retired Engineer Orissa High Court Invalidates Lecturer Recruitment Advertisements for Non-Compliance with UGC Standards Public Interest Jurisdiction Not a Substitute for Private Litigation: Karnataka High Court Declines PIL Cognizance under Section 188 IPC is illegal without a public servant’s complaint:Kerala High Court Juvenile Justice Act Prevails Over Recruitment Rules: Madras High Court Rules Juvenile Records Cannot Bar Employment in Police Services" Calcutta High Court Quashes MR Distributorship Selection Due to Irregularities in Godown Compliance and Selection Process Once the driver has established the validity of his license, the insurer cannot escape liability without conclusive proof to the contrary: J&K HC Belated Claims Cannot Be Entertained: Kerala High Court Overturns CAT Decision on Date of Birth Correction DNA Tests Cannot Supersede Established Legal Presumptions: Himachal Pradesh HC Section 26E of SARFAESI Act Overrides VAT Act: Secured Creditor's Charge Has Priority Over State's Tax Dues: Gujrat High Court High Court of Delhi Clarifies Jurisdiction in Commercial Dispute: 'Procedural Efficiency Must Be Upheld Power Under Section 319 CrPC Cannot Be Exercised Without Prima Facie Case Beyond Contradictions: Supreme Court Motive Alone Insufficient for Conviction Without Corroboration: Supreme Court Supreme Court Ensures Equal Financial Benefits for All High Court Judges: Discrimination Based on Recruitment Source Struck Down Andhra Pradesh High Court Acquits Four Accused: Cites Contradictory Dying Declarations and Lack of Independent Evidence in Murder Case Evidence Corroborates Violent Robbery and Recovery of Stolen Articles: Calcutta High Court Upholds Conviction in Burrabazar Dacoity Case Failure to Implead Contesting Candidates is Fatal; Fundamental Defect Cannot Be Cured: Bombay High Court Dismisses Election Petition Magistrate Not Functus Officio Post-Final Order in Maintenance Cases: Allahabad High Court Substantial Questions of Law a Must in Second Appeals, Reiterates Andhra Pradesh High Court Inconsistencies and Procedural Lapses: Allahabad High Court Acquits Four in Neeta Singh Murder Case

Non-Compliance with Mandatory Legal Requirements in Arrest Process Infringes Fundamental Rights – Punjab and Haryana High Court

07 May 2024 8:19 AM

By: Admin

The Punjab and Haryana High Court, in a significant ruling, has set aside the arrest and remand orders of Dilbag Singh @ Dilbag Sandhu and Kulwinder Singh in a case under the Prevention of Money-Laundering Act (PMLA), 2002. The decision underscores the criticality of adherence to statutory procedures in arrest and detention cases.

Legal Point: The Court deliberated on the legality of the arrest and detention of the petitioners under the provisions of the PMLA, 2002. The pivotal legal issue revolved around whether the procedures mandated by Section 19 of the PMLA were complied with during the arrest and remand of the petitioners.

Facts and Issues: The petitioners, Dilbag Singh and Kulwinder Singh, were arrested in connection with ECIR No.GNZO/19/2023, relating to various offenses under the Indian Penal Code. Their arrests raised questions about compliance with the statutory requirements of the PMLA, particularly the provision of immediate written grounds for arrest and the forwarding of materials to the Adjudicating Authority as required by Section 19(2).

Justice Vikas Bahl meticulously assessed the procedural aspects of the petitioners' arrest and detention. The Court found significant lapses in compliance with Section 19 of the PMLA, particularly the failure to provide written grounds of arrest immediately post-arrest and the non-forwarding of necessary materials to the Adjudicating Authority.

The Court emphasized the sanctity of individual liberty and the necessity of adhering to legal procedures, especially under special acts like the PMLA. It was observed that any deviation from prescribed procedures not only undermines the legality of the arrest but also infringes upon fundamental rights guaranteed under the Constitution.

Decision: The High Court declared the arrest and remand of the petitioners as void due to non-compliance with mandatory legal provisions of the PMLA. All subsequent actions based on these arrests were set aside. The Court ordered the immediate release of Dilbag Singh and Kulwinder Singh, unless they are required in connection with other cases. The judgment serves as a stern reminder to law enforcement agencies to uphold the rule of law and respect individual rights in the execution of their powers.

Date of Decision: February 8, 2024

Dilbag Singh @ Dilbag Sandhu VS Union Of India and Another

Similar News

  • by Admin
    07 May 2024 2:49 AM
Income tax returns not a foolproof defence against a charge of acquisition of assets disproportionate under the PC – SC
  • by Admin
    07 May 2024 2:49 AM
There could be no question of being permitted to reinstate after acceptance of the resignation.-SC
  • by Admin
    07 May 2024 2:49 AM
Appeal filed by Adani Gas Ltd seeking authorisation for city gas distribution network in three areas of Ahmedabad District in Gujarat with a cost of Rupees 10 lakhs. SC
  • by Admin
    07 May 2024 2:49 AM
Forcing to DNA test is violation of violate his personal liberty and right to privacy. – SC
  • by Admin
    07 May 2024 2:49 AM
Not interfere with the findings of fact recorded after appreciation of evidence merely because the High Court thought that another view would be a better view U/S 100 C.P.C - SC