Delhi High Court quashes NBWs against UK-based businessman in money laundering probe

The Hindu
The Hindu
2h ago
1 views
Delhi HC annulled NBWs against UK-based businessman in a money laundering probe, citing lack of legal grounds as he was a witness, not an accused evading arrest.
Delhi High Court quashes NBWs against UK-based businessman in money laundering probe
A What happened
The Delhi High Court ruled that non-bailable warrants issued against U.K.-based entrepreneur Sachin Dev Duggal in an Enforcement Directorate money laundering investigation tied to Videocon did not meet legal requirements. NBWs under Section 73 of the CrPC are reserved for those who are convicted, proclaimed offenders, or accused of a non-bailable offence who are evading arrest. Duggal’s status as a witness disqualified the issuance of such warrants. This order sets a judicial precedent on the scope and limits of issuing NBWs in financial crime probes, underscoring procedural safeguards against misuse of coercive measures.

Key insights

  • 1

    Judicial limits on coercive process in investigations: The ruling underscores that courts must strictly adhere to legal criteria before issuing NBWs, preventing their misuse against witnesses or unaccused individuals in complex financial cases.

  • 2

    Clarification of legal thresholds under Section 73 CrPC: By interpreting statutory language narrowly, the court strengthens procedural safeguards, ensuring coercive warrants target only accused evading the law, not witnesses or peripheral parties.

Takeaways

The Delhi High Court decision clarifies statutory requirements for NBWs, reinforcing legal protections against overbroad coercive actions in enforcement investigations.

Topics

World & Politics Policy & Regulation Corruption & Accountability

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