Supreme Court: Statement To ED By Accused Under PMLA Custody Incriminating Oneself In Another PMLA Case Inadmissible

The Supreme Court in the case Prem Prakash v.Union of India through the Directorate of Enforcement observed and has held that the statement given by an accused, while he being under the custody in a case under the Prevention of Money Laundering Act, PMLA to investigating officers of the Enforcement Directorate, ED incriminating oneself in another money laundering case would be inadmissible in evidence.

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The court in the case held that such a statement given by an accused under custody cannot be treated as admissible as stated under Section 50 of the Prevention of Money Laundering Act, PMLA Act.

The bench comprising of Justice BR Gavai and Justice KV Viswanathan was hearing the present matter.

The bench while granting bail to the accused noted that the accused was under cus; tody in connection with one Enforcement Case Information Report, ECIR, his statements were recorded by the Enforcement Directorate, ED officers in connection with the present ECIR.

The bench in the case considered the following question when a person is in judicial custody or custody in another case which is being investigated by the same investigating agency, whether the statements recorded for a new case in which arrest is not yet shown and which is claimed to have incriminating materials against the maker would be admissible as stated under Section 50 Prevention of Money Laundering Act, PMLA.