RUPERT Mhc Advt: Yes ED has powers to take custody of Senthil Balaji for custodial interrogation.

[6/20, 22:35] RUPERT Mhc Advt: Yes ED has powers to take custody of Senthil Balaji for custodial interrogation. P. Chidambaram and Karti Chidambaram has already served a tenure in ED custodial interrogation. The ED cannot interrogate the accused without the permission of the court since he is in Judicial Custody of the Court. The ED can seek permission for custodial interrogation of the accused. The ED is of the opinion that Section 19 of PMLA is attracted against Senthil Balaji and therefore it arrested him. When there is an arrest and remand there can be ED custodial interrogation. In the case of P.Chidambaram the Supreme Court refused to grant him anticipatory bail in the money laundering case lodged by the ED, holding that his custodial interrogation was necessary and that grant of anticipatory bail at this stage will hamper the investigation. In the case of Senthil Balaji he is in Judicial Custody and therefore ED has the right to seek permission of the Court for custodial interrogation and the Court will grant it since he has the exclusive knowledge where the money is or who is holding it on behalf of him. MLA to exclusively deal with money laundering offences and the legislature enacted a separate complete code for investigation which does not recognise cognizable and non-cognizable cases. Its is Special Law which has an overriding effect on CrPC which is general law wherever it provided a procedure distinct to that of CrPC.
[6/21, 06:42] sekarreporter1: 💐