The Orissa HC quashed a non-bailable warrant issued under the PMLA, mandating that a trial court must first issue summons or a bailable warrant. This ruling clarifies procedural norms in criminal proceedings.
Orissa HC Clarifies Procedure for Issuing Non-Bailable Warrants Under PMLA
The Orissa High Court has ruled to quash a non-bailable warrant (NBW) issued under the Prevention of Money Laundering Act (PMLA), emphasizing that trial courts are mandated to first issue summons or a bailable warrant before escalating to non-bailable measures. This decision seeks to maintain procedural fairness and to ensure that individuals have prior opportunities to respond to claims made against them.
The court highlighted the necessity of progressive steps in legal proceedings, noting that direct recourse to NBWs undermines the rights of individuals to a fair trial, which includes the opportunity to be heard. The principles delineated in the judgment align with broader legal standards regarding preemptive measures in criminal law.
Criminal law practitioners should integrate this important ruling into their legal framework, as it enshrines the requirement for due process in cases involving serious allegations under the PMLA and enhances the safeguards against arbitrary enforcement actions.
Citations
- Orissa HC Order (2026) TaxScan
