TARSEM LAL versus DIRECTORATE OF ENFORCEMENT JALANDHAR ZONAL OFFICE

Citation: [2024] 6 S.C.R. 864 · Decided: 16-05-2024 · Supreme Court of India · Bench: ABHAY S. OKA · Disposal: Appeal(s) allowed
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Judgment (excerpt)

* Author
[2024] 6 S.C.R. 864 : 2024 INSC 434
Tarsem Lal 
v. 
Directorate of Enforcement Jalandhar Zonal Office
(Criminal Appeal No. 2608 of 2024)
16 May 2024
[Abhay S. Oka* and Ujjal Bhuyan, JJ.]
Issue for Consideration
(a) Whether the complaint filed u/s.44(1)(b) of Prevention of Money 
Laundering Act, 2002 will be governed by sections 200 to 205 
of the CrPC; (b) If the accused was not arrested by the ED till 
the filing of the complaint, while taking cognizance on complaint 
u/s.44(1)(b), whether the Court should issue a summons to the 
accused or warrant; (c) After a summons are issued u/s. 204 of 
the CrPC on taking cognizance of the offence punishable u/s. 4 of 
the PMLA on a complaint, if accused appears before the Special 
Court, would he be treated as in custody and is it necessary for 
him to apply for bail; (d) In a case where the accused appears 
pursuant to a summons before the Special Court, whether the 
Special Court can grant exemption from personal appearance; 
(e) If the accused does not appear after summons are served or 
does not appear on a subsequent date, whether the Special Court 
can issue warrant within its power; (f) Whether the order accepting 
bonds u/s. 88 of the CrPC amounts to grant of bail; (g) In a case 
where the accused has furnished bonds u/s. 88 of the CrPC, 
if he fails to appear on subsequent dates, whether the Special 
Court has power to issue warrant directing that the accused shall 
be arrested and produced before the Special Court and if such 
a warrant is issued, will it be open for the accused to apply for 
cancellation of the warrant by giving an undertaking to appear on 
all dates fixed; (h) When a warrant of arrest has been issued on 
account of non-appearance or proceedings u/s. 82 and/or s.83 
of the CrPC, whether the accused can be let off by taking bond 
u/s.88 of the CrPC; (i) Whether ED and its officers have power 
u/s.19 to arrest a person shown as a accused in the complaint 
after cognizance is taken of the offence punishable u/s. 4 of the 
PMLA based on complaint u/s. 44(1)(b); (j) What if the ED wants 
custody of the accused who appears after service of summons for 
conducting further investigation in the same offence.
[2024] 6 S.C.R. 
865
Tarsem Lal v. Directorate of Enforcement Jalandhar Zonal Office
Headnotes
Prevention of Money Laundering Act, 2002 – s.44(1)(b) – Code 
of Criminal Procedure, 1973 – s. 200 to s.205 – Whether the 
complaint filed u/s.44(1)(b) of Prevention of Money Laundering 
Act, 2002 will be governed by sections 200 to 205 of the CrPC:
Held: Once a complaint under Section 44 (1)(b) of the PMLA is filed, 
it will be governed by Sections 200 to 205 of the CrPC as none 
of the said provisions are inconsistent with any of the provisions 
of the PMLA. [Para 23(a)]
Prevention of Money Laundering Act, 2002 – s.44(1)(b) – If 
the accused was not arrested by the ED till the filing of the 
complaint, while taking cognizance on complaint u/s.44(1)(b), 
whether the Court should issue a summons to the accused 
or warrant:
Held: If the accused was not arrested by the ED till filing of the 
complaint, while taking cognizance on a complaint under Section 
44(1)(b), as a normal rule, the Court should issue a summons to 
the accused and not a warrant – Even in a case where the accused 
is on bail, a summons must be issued. [Para 21(b)]
Prevention of Money Laundering Act, 2002 – s.4 – Code of 
Criminal Procedure, 1973 – s. 204 – After a summons are 
issued u/s. 204 of the CrPC on taking cognizance of the offence 
punishable u/s. 4 of the PMLA on a complaint, if accused 
appears before the Special Court, would he be treated as in 
custody and is it necessary for him to apply for bail:
Held: After a summons is issued under Section 204 of the CrPC 
on taking cognizance of the offence punishable under Section 4 
of the PMLA on a complaint, if the accused appears before the 
Special Court pursuant to the summons, he shall not be treated 
as if he is in custody – Therefore, it is not necessary for him to 
apply for bail – However, the Special Court can direct the accused 
to furnish bond in terms of Section 88 of the CrPC. [Para 21(c)]
Prevention of Money Laundering Act, 2002 – Code of Criminal 
Procedure, 1973 – s. 205 – In a case where the accused appears 
pursuant to a summons before the Special Court, whether the 
Special Court can grant exemption from personal appearance:
Held: In a case where the accused appears pursuant to a 
summons before the Special C
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