A summons from the Enforcement Directorate is not an arrest, but it is serious. It is issued under Section 50 of the Prevention of Money Laundering Act, and the person summoned must attend and state the truth. Statements recorded there can be used later.
Before the date
- Read the summons closely: in what capacity are you called, and what documents are asked for?
- Prepare an indexed set of the documents asked for, and keep a complete copy for yourself.
- Make a short note of the facts and dates, so your answers are consistent.
- Take legal advice on the summons, and on the underlying police case (the scheduled offence).
- If arrest is feared, discuss the options in court before the date, not after.
On the day
- Go on time, with identity proof and the documents.
- Answer what is asked; do not guess. If you do not remember, say so.
- Read your statement fully before signing. Ask for corrections where needed.
- Note what documents you handed over, and ask for an acknowledgement.
If an arrest is made
The ED can arrest under Section 19 only on reasons to believe recorded in writing, and the grounds of arrest must be given to the person in writing. Bail is then sought before the Special Court, subject to the conditions in Section 45.
This note is general information. Every case is different; speak to a lawyer about yours.
This article is general information on the law as it stood on the date shown, not legal advice on any particular matter.