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As per case facts, the petitioner, a Deputy Director of Town Planning, was arrested by the Directorate of Enforcement (ED) in connection with alleged illegal constructions and corruption. Multiple First
...Information Reports (FIRs) were registered against developers for illegal construction, and subsequently, an Enforcement Case Information Report (ECIR) was filed. The ED conducted searches at the petitioner's residences, seizing unaccounted cash and jewellery. Following this, a separate FIR was registered against the petitioner under the Prevention of Corruption Act, and he was arrested by the ED. The petitioner challenged his arrest, arguing a lack of predicate offence attribution and non-compliance with statutory procedures. The question arose whether the petitioner's arrest by the ED was illegal and in violation of his fundamental rights, and if the successive remand orders should be quashed, necessitating his release. Finally, the High Court found no merit in the petition, concluding that due process under the PMLA was followed, including providing grounds for arrest and subsequent judicial remand. The Court rejected the argument that a prior arraignment in the initial FIRs was necessary to attract PMLA, affirming that money laundering is an independent offence. The Court also noted tangible material for arrest and emphasized cautious judicial review in special statutes, dismissing the petition.
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