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2023 (9) TMI 660 - HC - Money LaunderingMoney Laundering - illegal arrest - Reasons for arrest of the accused are not supported with any justifiable material - transfer of funds to the subsidiary and associated entities - fake entities - HELD THAT:- The Apex Court in V. Senthil Balaji [2023 (8) TMI 410 - SUPREME COURT] categorically held that there is no need of compliance of Section - 41A of the Cr.P.C. However, as on the date of the impugned order dated 14.06.2023, the Designated Court is not having benefit of going through the said judgment and relying on the principle laid down in Satender Kumar Antil [2022 (8) TMI 152 - SUPREME COURT] the Designated Court rejected the remand of the respondents vide impugned order dated 14.06.2023. The Apex Court in Senthil Balaji categorically held that Section - 41A of the Cr.P.C. has got no application to an arrest made under the PMLA. The said judgment was rendered by the Apex Court on 07.08.2023, whereas the impugned order is dated 14.06.2023. Therefore, the Designated Court is not having benefit of going through the said order, and consider the said aspect. Reasons for arrest of the accused are not supported with any justifiable material - HELD THAT:- There is dispute with regard to furnishing of documents by the ED along with remand application. According to the respondents, ED has filed copies of FIR, grounds of arrest and medical certificates, whereas according to the ED, it has filed all the supporting material in support of the reasons for arrest of the accused. However, the Designated Court did not refer the said aspects in its order dated 14.06.2023. It is for the Designated Court to consider the material filed by the ED in support of the reasons for arrest of the accused. The Designated Court is not having the benefit of going through the judgment of the Apex Court in Senthil Balaji - impugned order set aside - matter is remanded back to the learned Metropolitan Sessions Judge/Designated Court under PMLA, Nampally, Hyderabad, with a direction to consider the remand application submitted by the ED and pass appropriate orders strictly in accordance with law by putting the ED and the respondents - accused on notice and affording them an opportunity - petition allowed by way of remand.
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