RAM KISHOR ARORA Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is directed against the judgment and order dtd. 22/9/2023 passed by the High Court of Delhi at New Delhi, in Writ Petition (Crl.) No. 2408/2023, whereby the High Court has dismissed the said petition seeking declaration that the arrest of the appellant on 27/6/2023 by the respondent Directorate of Enforcement (hereinafter referred to as the ED) was illegal and violative of the fundamental rights guaranteed to the appellant under Articles 14, 20 and 21 of the Constitution of India, and seeking direction to release the appellant forthwith. The appellant had also sought direction to quash the order of remand dated 28.06.2023 passed by the ASJ/05, PMLA, Patiala House Courts, New Delhi (hereinafter referred to as the "Special Court"?), in ECIR No. STF/21/2021.

(3.) Dehors the facts, a neat question of law that has been raised before this Court is, whether the action of the respondent ED in handing over the document containing the grounds of the arrest to arrestee and taking it back after obtaining the endorsement and his signature thereon, as a token of he having read the same, and in not furnishing a copy thereof to the arrestee at the time of arrest would render the arrest illegal under Section 19 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as PMLA)?