Directorate Of Enforcement vs Subhash Sharma 2025 INSC 141 - S 45 PMLA - S 57 CrPC - Art. 22 Constitution - Bail - Illegal Arrest

PMLA - Section 45 - When arrest is illegal or is vitiated, bail cannot be denied on the grounds of non-fulfillment of twin tests under clause (ii) of sub-section 1 of Section 45 of PMLA (Para 9)

Constitution of India - Article 22 - Code of Criminal Procedure 1973 - Section 57 - PMLA - Section 45, 65 - The requirement of clause 2 of Article 22 has been incorporated in Section 57 CrPC - There is no inconsistency between the provisions of the PMLA and Section 57 of Cr.P.C. Hence, by virtue of Section 65 of the PMLA, Section 57 of the Cr.P.C applies to the proceedings under the PMLA. (Para 7)

Constitution of India - Article 21,22- Bail - The continuation of the accused in custody without producing him before the nearest Magistrate within the stipulated time of 24 hours is completely illegal and it infringes fundamental rights under clause 2 of Article 22 of the Constitution of India- Since there is a violation of Article 22(2) of the Constitution, even his fundamental right to liberty guaranteed under Article 21 has been violated- Once a Court, while dealing with a bail application, finds that the fundamental rights of the accused under Articles 21 and 22 of the Constitution of India have been violated while arresting the accused or after arresting him, it is the duty of the Court dealing with the bail application to release the accused on bail. The reason is that the arrest in such cases stands vitiated. It is the duty of every Court to uphold the fundamental rights guaranteed under Articles 21 and 22 of the Constitution. (Para 6-9)