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HC says ED doesn't have power to arrest on its whims & fancies
The Morning Standard
|October 20, 2023
THE Delhi High Court on Thursday said the Enforcement Directorate's power to arrest under Section 19 of the Prevention of Money Laundering Act (PMLA) is not "untrammelled", saying that the authorities do not have "the power to arrest on their whims and fancies".
Justice Anup Jairam Bhambhani said that the power under Section 50 of the PMLA to issue summons to a person and to require the production of documents and record statements, which is akin to the powers of a civil court, is different and distinct from the power under Section 19 to arrest a person. "These are two separate and distinct provisions," the single bench judge held.
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