ED needs court permission to arrest PMLA accused: SC

THE Supreme Court on Thursday said that the Enforcement Directorate (ED) cannot arrest an accused under section 19 of the Prevention of Money Laundering Act (PMLA) after a special court has taken cognisance of the complaint against the accused.

- SUCHITRA KALYAN MOHANTY

A bench of Justices Abhay S Oka and Ujjal Bhuyan said that when an accused appears before a court in pursuance of a summons, the central agency will have to apply to the court to get his custody. "If the accused appears before the special court by summons (issued by court), it cannot be treated that he is in custody," it said.

"Accused who appeared before the court pursuant to the summons is not required to apply for bail, and thus twin conditions of Section 45 of PMLA are not applicable," the bench said in its ruling.