ED Loses Power To Arrest U/S 19 Of PMLA After Cognizance Is Taken If Arrest Was Not Made During Investigation: Patna High Court

The Patna High Court ruled that the Enforcement Directorate (ED) loses the power to arrest under Section 19 of the Prevention of Money Laundering Act (PMLA) after cognizance of the offense has been taken by the court, if no arrest was made during the investigation stage. The High Court interpreted the provisions of the PMLA and held that once the court takes cognizance, the ED's power to arrest without a court warrant ceases in cases where the accused was not arrested during the initial investigation. This judgment has significant implications for the ED's arrest powers in PMLA cases post-cognizance.