Moving forward, the ED will need to seek custody through the court.
This development highlights a crucial change in legal proceedings related to the PMLA.
Section 19 of the PMLA permits ED officers to arrest based on evidence and a recorded belief of guilt.
The agency is required to promptly inform the individual of the grounds for arrest.
The top court emphasized that if an accused was not arrested before the complaint was filed, they cannot be arrested later.
The special court must issue a summons, and only if the accused fails to respond, an arrest warrant can be issued, which initially must be bailable.
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