Accused Need Not Be Produced Before Magistrate Within 24 Hrs Of Formal Arrest If He Is Already In Judicial Custody For Some Other Case: Madras HC
|The Madras High Court has reiterated that the accused need not be produced before the Magistrate within 24 hours of a formal arrest when the said accused is already in judicial custody for some other case.
The Court dismissed the petition challenging the impugned arrest order on the submission that it was directly in violation of Section 19 (3) of the Prevention of Money Laundering Act, 2002 (PMLA). Submitting the exception to Section 19 (3) of the PMLA, the accused argued that he had not been produced before the Special Court within 24 hours and thus, the impugned order of arrest was null and void.
A Division Bench of Justice S.M. Subramaniam and Justice V. Sivagnanam observed, “PMLA being a special enactment will prevail over the general law and therefore, we have no hesitation in forming an opinion that the respondents have made arrest and thereafter, followed the procedures as contemplated under the provisions of PMLA and we do not find any infirmity as such.”
Senior Advocate Abdulkumar Rajarathinam appeared for the petitioner, while Special PP N. Ramesh represented the respondent.
The accused was formally arrested by the Assistant Director, Directorate of Enforcement (ED) in terms of Section 19 of the PMLA. A P.T. Warrant was issued for the production of the accused. The Court received a memo through E-mail from the office of the Superintendent, Central Jail expressing their inability to produce the accused.
The High Court noted that the ED made the arrest following the procedures as contemplated under the provisions of PMLA and stated that there was no infirmity with the order of arrest.
The Court referred to its decision in State of Inspector of Police, Anti Land Grabbing Special Cell, City Crime Branch, Trichy v. K.N.Nehru (2012) wherein the Division Bench of Madurai Bench reiterated that unless the accused was "in the physical custody" of the police on arrest, the question of production of the accused within 24 hours from the time of such formal arrest cannot be insisted upon. In the said judgment, the Court had observed thus:"If a formal arrest is effected, as held in Anupam Kulkarni's case, when the accused is already in custody, in connection with a different case, the accused continues to be in judicial custody in connection with the former case and he never comes to the physical custody of the police, in connection with the case relating to which formal arrest is effected. Therefore, there is no legal mandate that the accused should be thereafter produced before the Jurisdictional Magistrate or nearest Magistrate, within 24 hours of such formal arrest. ...............”
Consequently, the Court held, “Therefore, in view of the settled legal position of law, if a person is already in judicial custody in connection with another case, can be formally arrested in respect of investigation of the subsequent case. Therefore, the requirements of Section 19(3) of the provisions of PMLA is complied with and thus, there is no violation.”
Accordingly, the High Court dismissed the petition.
Cause Title: Jaffer Sadiq v. The Assistant Director, Directorate of Enforcement (Neutral Citation: 2024:MHC:3386)
Appearance:
Petitioner: Senior Advocate Abdulkumar Rajarathinam; Advocate K.M. Kalicharan
Respondent: Special PP N. Ramesh