# In the matter of Arvind Dham vs. Directorate of Enforcement

> SC judgment dated 2026-01-06. Citation: TCN-2026-SC-00003. The appeal was filed against the High Court's order that rejected the appellant's application for…

- **Court:** SC
- **Order date:** 6 Jan 2026
- **Citation:** TCN-2026-SC-00003
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/arvind-dham-vs-directorate-of-enforcement-00f6763c

## Summary

### Background

The appeal was filed against the High Court's order that rejected the appellant's application for regular bail. The appellant is accused of offences under the Prevention of Money Laundering Act, 2002 (PMLA) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS').

## Facts

The appellant, Arvind Dham, is a former promoter and non-executive Chairman of Amtek Auto Ltd. (AAL) and a non-executive Director of M/s. ACIL Ltd.

Corporate Insolvency Resolution Process (CIRP) was initiated against entities belonging to Amtek Group during 2017-2018.

FIRs were registered against the appellant and others for offences under the Indian Penal Code and the Prevention of Corruption Act, 1988, alleging fraud.

The Directorate of Enforcement registered two ECIRs alleging laundering of proceeds of crime based on the FIRs.

The appellant appeared before the Directorate of Enforcement under Section 50 of the PMLA and his statement was recorded.

The appellant was arrested on 09.07.2024, and a prosecution complaint was filed against him and others.

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## Issues and analysis

### Issue 1: Whether the prolonged incarceration of the appellant violates his right to liberty and speedy trial …

**Ratio:** Prolonged incarceration without commencement or reasonable progress of trial cannot be

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**Reasoning:** The court considered the period of incarceration, the stage of the trial, and the fact

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**Interpretation:** The right to speedy trial, enshrined under Article 21 of the Constitution, is

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**Application:** The court found that the appellant's prolonged incarceration, coupled with the

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## Parties

- **Judges:** ALOK AR…; Sanjay…
- **Appellants:** Arvind…
- **Respondents:** Amtek Auto Ltd.…; ACIL…; +1 more

## Timeline

- **2017-2018 — CIRP Init…**: Corporate Insolvency Resolution Process (CIRP) was initiated against entities belonging…
- **2022-12-21 — FIR Regist…**: FIRs were registered against the appellant and others for offences under the Indian Penal…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 50 — Extortionate credit transactions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-50)

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