Introduction:

In a recent case before the Special PMLA Court in Mumbai, the court addressed objections raised by the Enforcement Directorate (ED) against an accused, Vyomesh Shah, seeking permission to travel abroad. The court, presided over by Special Judge MG Deshpande, highlighted failures of investigating agencies in arresting high-profile economic offenders like Nirav Modi, Vijay Mallya, and Mehul Choksi. Shah’s counsels relied on recent Supreme Court judgments to support their arguments.

Arguments of Both Sides:

The ED opposed Shah’s application, citing concerns about evidence tampering and the risk of flight from jurisdiction. They argued that allowing such applications could lead to situations similar to those involving prominent fugitives. Shah’s counsels, however, pointed to his business responsibilities requiring frequent international travel and cited legal precedents to support his application.

Court’s Judgement:

The Special PMLA Court, while acknowledging the concerns raised by the ED, emphasized the need for investigating agencies to act promptly in arresting accused individuals. It highlighted inconsistencies in the ED’s approach, where accused persons were summoned instead of being arrested under Section 19 of the PMLA. The court upheld Shah’s right to travel abroad, modifying previous orders to accommodate his professional obligations. It imposed additional conditions to address the ED’s objections while ensuring the progress of the trial is not hampered.