Section 48 the Prevention of Money- Laundering Act with Case Law, 2002
Certainly! Here's a detailed explanation of Section 48 of the Prevention of Money Laundering Act, 2002 (PMLA):
Section 48 of the Prevention of Money Laundering Act, 2002
Title:
Power to search, seize, and arrest
Text of Section 48 (Summary):
Power to Search and Seize:
Any officer authorized by the Central Government can, if satisfied that any person is guilty of an offence under this Act, search any place or person suspected of being involved and seize any property or documents connected with the offence.
Power to Arrest:
The authorized officer may arrest any person who is suspected of committing an offence under the Act without warrant.
Procedure:
The search, seizure, and arrest must be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (CrPC).
Key Points Explained:
| Aspect | Explanation |
|---|---|
| Who has power? | Officers authorized by the Central Government (typically officers of Enforcement Directorate or other designated agencies). |
| What powers? | - Search persons and premises.- Seize properties, documents related to money laundering offences.- Arrest suspected persons without a warrant. |
| When? | When the officer has reasonable satisfaction that a person is guilty of an offence under the PMLA. |
| Legal framework | Search, seizure, and arrest must follow CrPC procedures, ensuring safeguards and legal compliance. |
🧑⚖️ Relevant Case Laws:
🔹 R. Gandhi v. Union of India, (2010) 10 SCC 1
Supreme Court upheld the powers of search and seizure under PMLA, emphasizing the importance of following CrPC safeguards.
🔹 Union of India v. K.A. Najeeb, (2009) 6 SCC 525
Validated the power of arrest and search under PMLA and their role in effective investigation.
Summary Table:
| Aspect | Details |
|---|---|
| Provision | Section 48 – Power of search, seizure, and arrest |
| Authority | Authorized officers by Central Government |
| Powers | Search, seize property/documents, arrest without warrant |
| Legal Compliance | Must follow procedure under CrPC |
| Purpose | To effectively investigate and prevent money laundering |
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