Supreme Court: five-day delay in PMLA arrest order does not vitiate arrest

The core issue was whether a five-day delay in forwarding the arrest order to the Adjudicating Authority vitiated the arrest and whether the appellant should be released on bail given the magnitude of the case and time in custody.

Who it concerns: Appellant: Sanjay Sureka; Respondent: Directorate of Enforcement; Bench: Justice Aravind Kumar and Justice Vipul M. Pancholi.

What the court decided

• The Court held that a five-day delay in forwarding the arrest order and material to the Adjudicating Authority does not automatically vitiate the arrest under Section 19(2) of the PMLA.
• The Court allowed the appeal and granted bail to the Appellant.
• The Appellant is required to furnish bail bonds to the satisfaction of the trial court.
• The Appellant must deposit their passport with the Trial Court and not leave the country without prior permission.
• The Appellant is prohibited from influencing witnesses or tampering with evidence.
• The Court noted that the trial is unlikely to conclude soon due to the volume of evidence (approx. 15,000 pages) and number of witnesses (approx. 98).
• The Court stated that observations made are not findings on the merits of the case.

Also in the document

• The judgment is marked as 'NON-REPORTABLE'.
• The Appellant had been in custody for approximately 20 months for an offense with a maximum punishment of seven years.
• The Court emphasized that the twin conditions under Section 45 of the PMLA cannot override constitutional safeguards under Article 21.
• The Court observed that the investigation regarding the Appellant was completed, but the trial would be a time-consuming process.