Enforcement Directorate Can’t Arrest Accused Post Cognizance by Special Court: Supreme Court

In a significant legal development, the Supreme Court of India has determined that the Enforcement Directorate (ED) and its officers are not authorized to apprehend an accused under Section 19 of the Prevention of Money Laundering Act (PMLA) following the initiation of cognizance of the complaint by the Special Court. The bench of Justices Abhay S Oka and Ujjal Bhuy emphasized that in such circumstances, if the ED seeks to secure custody of the accused, it must apply to the court for such custody. This ruling underscores the importance of adhering to due process in legal proceedings, ensuring that the rights of individuals are protected throughout the judicial process.

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