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	Blog Categories All Constitution (3) Criminal Laws (27) Income Tax Updates (99) miscellaneous (3) Professional Updates > Criminal Laws Professional Update Category: Criminal Laws, Posted on: 19/09/2024 , Posted By: CA SHIKHAR GARG Visitor Count:35 Professional Update (Criminal Case laws) Criminal Appeal no. 16117/2024 (Madras High Court) Jaffer Sadiq vs The Assistant Director, Directorate of Enforcement. Ratio. The ED need not produce the accused to the special court within 24 hours of the arrest, if the accused is already in judicial custody in some other case. Facts. The appellant has filed a writ petition for quashing of an ECIR instituted u/s 482 of the CrPC. The Ld. Counsel for the appellant contented that the accused is not produced before the special court within 24 hours of his arrest and hence, the mandatory condition of section 19(3) of the PMLA is being violated in the present case. The Appellant is already under the judicial custody under the CBI case. Issue. Whether the Prosecution is required to comply with the provision of section 19(3) of the PMLA, when the accused is already in the judicial custody at the time of his arrest. Findings. The Hon’ble Madras High Court has held that the issue is not a res integra. 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. (Disclaimer: The information provided by the author in the article is for general informational purposes only. All information provided is in the good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information in the article.) CA Manoj Garg 9811275735 Disclaimer: The content of the blog does not create any responsibility of the firm / its authorized persons whose website is being accessed. The blog is not for legal use. Kindly verify the correctness of data/contents from your own sources. This is only for information purpose. To Activate comments you need to provide details for google authentication and facebook authentication

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