Delhi High Court Cancels NBWs Issued for Non-Compliance with ED Summons in PMLA Probe

The Delhi High Court has held that mere non-appearance in response to Enforcement Directorate summons under Section 50 of the PMLA cannot, by itself, justify issuance of non-bailable warrants.

The ruling came in a case involving a UK-based entrepreneur linked to the Videocon group probe, where the ED sought open-ended NBWs after earlier summons were ignored.

The trial court had initially refused NBWs, noting he was only a witness and that non-attendance attracts Section 174 IPC.

Setting aside the warrants, the High Court clarified that Section 73 CrPC is mandatory and NBWs can be issued only against a convict, proclaimed offender, or an accused evading arrest in a non-bailable offence.

[Sachin Dev Duggal v. Directorate of Enforcement]