Illegal Arrest – Section 173 Of PMLA Act 2002

The Enforcement Directorate had arrested Mr Jignesh Shah on 12th July, 2016 under Section 173 of the Prevention of Money Laundering Act, 2002 (PMLA) on the grounds of non-cooperation with the investigation.

· The ED claims they arrested Mr Shah for further investigation.

· The charges presented by the ED were already there in the first charge sheet filed in the court. Do you arrest again to file a supplementary charge sheet?

· The power to file a supplementary charge sheet exists under the Section 173 of the Criminal Procedure Code (Cr PC).

·  This is outrageous as Section 173 of the Cr PC rests with only the police officials and not the ED.

·  The ED does not have the power to file a charge sheet nor can their charge sheet be of relevance because the court cannot take cognizance on the basis of a charge sheet.

·  The power to file a supplementary charge sheet exists only under Sec. 173(8). There is no analogous provision to Sec.173 (8) in chapter 15 of the Cr CP which deals with complaints.

· The entire approach of the ED based on non-existent powers (in the belief) that they can file subsequent complaints is bad in law.

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