ED can't arrest accused after special court takes cognisance; says Supreme Court

NEW DELHI: The Supreme Court said that the ED cannot directly arrest the accused in cases where the charge sheet is filed, and if custody is required, the prior permission of the special court is essential.

The directive applies to cases where the charge sheet in the money laundering case has been accepted by the special court and the accused has appeared on summons. The accused named in the charge sheet cannot be directly arrested. If custody is required for further investigation, ED should submit a special application to the trial court, suggested a bench consisting of Justice Abhay.S. Oka and Justice Ujjal Bhuyan.

• The special court should also hear the side of the accused in the custody application

• Whatever the order, the reasons must be recorded

• If the court is satisfied that custody is necessary, it can be granted

• In cases of further investigation, an arrest may be made of those who are not named in the charge sheet

The trial court should issue a summons to the accused named in the charge sheet who was not arrested during the investigation period. A warrant should not be issued. As the accused appearing before the court is not in custody, the bail application should not be filed. The court may set a bond to secure the defendant's presence at trial. Bail in ordinary money laundering cases has 'dual provisions'.