The Court in its order also made it clear that an accused is entitled to challenge his arrest under PMLA, and in such cases, he cannot be denied access to the grounds of arrest.
“The court to examine the validity of arrest must catechise both the existence and soundness of the “reasons to believe”, based upon the material available with the authorised officer. It is difficult to accept that the “reasons to believe”, as recorded in writing, are not to be furnished…it would be incongruous, if not wrong, to hold that the accused can be denied and not furnished a copy of the “reasons to believe”.”
Not furnishing the reasons for arrest would in effect prevent the accused from questioning the basis of the same, it was stressed.
“We are concerned with violation of personal liberty, and the exercise of the power to arrest in accordance with law. Scrutiny of the action to arrest, whether in accordance with law, is amenable to judicial review. It follows that the “reasons to believe” should be furnished to the arrestee to enable him to exercise his right to challenge the validity of arrest”.
Source: Barandbench
