Does Cr.P.C apply to the PMLA?

Court :- Delhi High Court , Citation :- MANU/DE/0734/2018

In the above case, the Hon'ble Delhi High Court held that,

 

  • It appears to this Court that there is no alternative to the Directorate of Enforcement but to follow the Cr PC, except where there are specific provisions in the PMLA that provide an alternative procedure.

 

  • Given the mandate of Articles 21 and 22 of the Constitution of India the powers under the PMLA in relation to the offences under the PMLA, have to be governed by the Cr PC, if not by the PMLA. 

 

  • This is expressly recognised and acknowledged by Section 65 PMLA.
    • It is, therefore, not open to the Directorate of Enforcement to choose to not follow the Cr PC in an area where the PMLA is silent.

By:

Vijay Pal Dalmia, Advocate
Supreme Court of India & High Court of Delhi

Mobile: +91 9810081079
Email: vpdalmia@gmail.com

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