Since PMLA is a special act and the provisions of

this Act have been given overriding effect, therefore, they will

prevail in case if there is any inconsistency with the general Act.

In terms of Section 65 of PMLA, the provisions of PMLA relating

to arrest, search and seizure, attachment, confiscation,

investigation, prosecution and all other proceedings under

PMLA have the overriding effect and the provisions of the

Cr.P.C. not inconsistent with the provisions of PMLA in this

regard, only are made applicable

2) So far as the issue of investigation is concerned, the

PMLA does not contain any provision parallel to Section 154 of

the Cr.P.C. for registration of FIR, Section 157 of the Cr.P.C.

relating to sending the report to the Magistrate, Section 167

Cr.P.C. relating to the procedure when investigation cannot be

completed within 24 hours and Section 172 of the Cr.P.C.

relating to maintaining the case diary. If the offence is

registered against a person under the PMLA then the

investigation is to be carried out by following some reasonable

procedure. Such a course is also necessary keeping in view

the issue of personal liberty and fair and proper investigation.

3) Keeping in view the provisions of Section 65 of PMLA and also

the fact that there is no procedure prescribed in PMLA for

investigation of the offence,the

procedure which has been prescribed under the Cr.P.C. is

required to be followed while investigating the offence under

PMLA.

4) the

"Grounds of Arrest" on the basis of material in

possession for reason to believe the applicant as

guilty of offence under PML Act, is mandatory under the

provisions of sub­section (1) of Section 19 of PML

Act. The existence of such grounds for arriving at

such reasonable belief is pre­requisite for arrest

under PML Act and are required to be recorded in

writing. Hence, non­supply of such "Grounds of

Arrest", at the time of arrest or immediately

thereafter is fatal and entitled to be released on bail

4)

If it appears to the IO that the offence has been committed then he is not bound to wait till the filing of the chargesheet to arrest the accused. The act goes further to state that the person who has been accused of having committed the offence of money laundering has to prove that alleged proceeds of crime are in fact lawful property.

Hi

1) Unfortunately PMLA being a special statuate , General Statuate such as Cr.P.C shall not be followed. The rule of law states that If a special statute lays down procedures, the ones laid down under the general statutes shall not be followed.

However depending on the contents of the ECIR filed against you and on the basis of your counter arguments, reliance to a certain extent can be placed on the following judgments

1) Rakesh Manekchand Kothari vs Union Of India & 2 on 24 July, 2015

2) Directorate of Enforcement v. Deepak Mahajan, (1994) 3 SCC 440 : AIR 1994 SC 1775

3) D.K Basu v. State of Bengal, (1997) 1 SCC 416 : AIR 1997 SC 610

4)Lalitha Kumari v. Government of U.P, (2014) 2 SCC

Hope this helps

The PMLA seeks to combat money laundering in India and has three main objectives:

To prevent and control money laundering

To confiscate and seize the property obtained from the laundered money; and

To deal with any other issue connected with money laundering in India.

The act prescribes that any person found guilty of money-laundering shall be punishable with rigorous imprisonment from three years to seven years and where the proceeds of crime involved relate to any offence under paragraph 2 of Part A of the Schedule (Offences under the Narcotic Drugs and Psychotropic Substance Act, 1985), the maximum punishment may extend to 10 years instead of 7 years.

Pl give relevant judgement

Trial court judgments are not reported hence,you have to look out for them yourself.