CS Executive · Economic, Commercial and Intellectual Property Laws · Prevention of Money Laundering
An Indian Special Court receives from a Court in a contracting State a warrant for the arrest of an accused person, and the warrant is executed in India. How is the arrested person to be dealt with under section 59 of the PMLA?
The arrested person is dealt with in accordance with the procedure specified under section 19. Sections 17 and 18 apply instead to things found when a search warrant from a contracting State is executed, not to arrested persons.
- AIn accordance with the procedure specified under section 19Correct
- BIn accordance with the procedure specified under sections 17 and 18
- CReleased immediately because the warrant is foreign
- DHanded over to the foreign Court without any procedure
Explanation
Section 59(2)(i) says that where a warrant of arrest has been executed, the person arrested is dealt with under the procedure in section 19. Sections 17 and 18 apply to search warrants and things found in a search, so they are the distractor.
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