Supreme Court of India

Gautam Kundu v. Manoj Kumar Assistant Director, Eastern Region, Directorate of Enforcement(prevention of Money Laundering Act) Govt. of India

Neutral citation

Reported as [2015] 15 S.C.R. 499

Bench Pinaki Chandra Ghose and R. K. Agrawal JJ.

Decided 16 December 2015

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

From the headnote

Bail - Prosecution u/s. 4 of Prevention of Money Laundering Act, 2002 (PMLA) - Proceedings u/s. 24 of Securities and Exchange Board of India Act, 1992 (SEBI Act) pending - Bail application u/s. 439 Cr.P. . - Rejected by High Court on the ground that there was no order holding that no offence was made out u/s. 24 against the applicant Held: In view of s. 5 of Cr.P. . and non-obstante clause of s. 45 of PMLA, PMLA being a special statute will prevail over the general provisions of Cr.P. . in case of any conflict - The conditions for grant of bail enumerated in s. 45 of PMLA have overriding

Authorities it was built on

1969 Harakchand Ratanchand Banthia and Ors. Etc. v. Union of India and Ors. cited by 18
2010 Afcons Infrastructure Ltd. and Anr. v. Cherian Varkey Construction Cq. (p) Ltd. and Ors. cited by 13
1960 The State of Madhya Pradesh and Another v. Baldeo Prasad cited by 9
2014 Subrata Chattoraj v. Union of India & Ors. cited by 6
2001 Gurudevdatia Vksss Maryadit and Ors. v. State of Maharashtra and Ors. cited by 4
2007 Visitor and Ors. v. K.s.misra cited by 2
2011 Union of India v. Hassan Ali Khan and Anr. cited by 2

Where later benches applied it

2023 Tarun Kumar v. Assistant Director Directorate of Enforcement relied on
2020 Indore Development Authority v. Manoharlal & Ors. Etc. relied on
2025 The Union of India through the Assistant Director v. Kanhaiya Prasad referred to
2024 Satyendar Kumar Jain v. Directorate of Enforcement referred to
2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. referred to

Of those, 2 relied on · 3 referred to

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