PMLA accused don't have to be produced before Magistrate in 24 hours if arrested from judicial custody: Madras High Court

The Madras High Court recently dismissed a petition filed by alleged international drug trafficker and expelled DMK functionary Jaffer Sadiq, challenging his arrest by the Enforcement Directorate (ED) in June this year .Sadiq was arrested by the ED from the Tihar prison in New Delhi where he was lodged in connection with another case.In an order passed on August 30, a bench of Justices SM Subramaniam and V Sivagnanam dismissed the petition by Sadiq after holding that there was no legal mandate that an accused, who was already in judicial custody, should be produced before the jurisdictional Magistrate or the nearest Magistrate, within 24 hours of another formal arrest under the Prevention of Money Laundering Act (PMLA Act). "Therefore, in view of the settled legal position of law, if a person is already in judicial custody in connection with another case, he can be formally arrested in respect of investigation of the subsequent case. Therefore, the requirements of Section 19(3) of the provisions of PMLA is complied with and thus, there is no violation," the bench said while dismissing Sadiq's petition..Sadiq had approached the High Court in July this year claiming that the ED had made a "formal arrest" in a money laundering case on June 26, when he was lodged in Tihar prison. However, he was remanded to judicial custody in the case only on July 15. Sadiq challenged his arrest by the ED on the ground that he had not been produced before a magistrate within 24 hours of arrest as mandated under Section 19 (3) of PMLA..The High Court however, rejected his contention and cited the Supreme Court's judgement in the case of arrested DMK minister V Senthil Balaji to hold that since PMLA is a special enactment, it will prevail over the general law."Therefore, we have no hesitation in forming an opinion that ED has made the arrest and, thereafter, followed the procedures as contemplated under the provisions of the PMLA and we do not find any infirmity as such," the Madras High Court said..In March 2023, Sadiq was arrested by the Narcotics Control Bureau in an alleged drug trafficking case in Delhi. While he was granted bail in the case, on June 26, the ED arrested him from the prison before he could be released in the NCB 's case. On obtaining a transit remand, the ED produced him before the Principal Sessions Judge S Alli in Chennai on July 15..Senior Counsel Abdulkumar Rajarathinam and advocate KM Kalicharan appeared for Sadiq.Special Public Prosecutor N Ramesh appeared for ED.[Read Order]