Patna HC: ED Can't Arrest Accused U/s 19 Of PMLA After Cognizance If Not Arrested During Investigation

The Patna High Court has held that the Enforcement Directorate (ED) cannot arrest an accused under Section 19 of PMLA once a Special Court has taken cognizance of the complaint, if the accused was not arrested during the investigation.

The petitioner was accused in a 2013 FIR, had cooperated with the ED since 2016 without arrest.

When the ED later filed a complaint, he argued that arresting him post-cognizance without court permission under Section 44(1)(b) would be unlawful.

The Court agreed, citing the SC ruling in Tarsem Lal v. Directorate of Enforcement, which restricts the ED's arrest powers once a court has taken cognizance. (Ganesh Prasad Singh v. Union of India & Ors.)