Supreme Court of India

Nikesh Tarachand Shah v. Union of India & Anr.

Neutral citation

Reported as [2017] 12 S.C.R. 358

Bench R. F. Nariman and San.Jay Kishan Kaul JJ.

Decided 23 November 2017

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.

10 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the pr,ovisions for pretrial detention in the Bail Reform Act of 1984 407 c fall within that carefully limited exception.

Judgment, page 50

From the headnote

Prevention of Money Laundering Act, 2002 - s.45( I) Constitutional validity _of- Grant of bail u/s. 45( 1) - Twin conditions to be satisfied u/s. 45 that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail - For purpose of grant of bail u/s. 45( I), offence relatable to offences punishable for a term of imprisonment of more than 3 years under Part of the Schedule to the Act and not in relation to offences under the 2002 Act itself - Held: Section 45 (I) is unconstitutional as it imposes two

Authorities it was built on

1978 Maneka Gandhi v. Union of India cited by 97
1994 Kartar Singh v. State of Punjab cited by 54
1980 Gurbaksh Singh Sibbia Etc. v. State of Punjab cited by 46
2010 Siddharam Satlingappa Mhetre v. State of Maharashtra and Others cited by 46
2005 State through C.B.I. v. Amarmani Tripthi cited by 36
1977 Gudikanti Narasimhulu and Ors. v. Public Prosecutor, High Court of Andhra Pradesh cited by 22
1954 Budhan Choudhry and Others v. The State of Bihar cited by 21
2005 Ranjitsing Brahmajeetsing Sharma v. State of Maharashtra and Anr. cited by 20
1978 In Re the Special Courts Bill, 1978 v. - cited by 19
1956 Keshav Nilkanth Joglekar v. The Commissioner of Police, Greater Bombay cited by 8
1957 Asgarali Nazarali Singaporawalla v. The State of Bombay cited by 6

Where later benches applied it

2026 Kulsum Nisha v. State of U.p referred to
2025 Anna Waman Bhalerao v. State of Maharashtra referred to
2023 Anoop Bartaria & Etc v. Dy. Director Enforcement Directorate & Anr. referred to
2023 The Directorate of Enforcement v. M. Gopal Reddy & Anr referred to
2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. referred to
2022 Satender Kumar Antil v. Central Bureau of Investigation & Anr. referred to
2019 P. Chidambaram v. Directorate of Enforcement referred to
2019 Federation of Obstetrics and Gynecological Societies of India (fogsi) v. Union of India and Others referred to
2019 Swiss Ribbons Pvt. Ltd. & Anr. v. Union of India & Ors. referred to
2019 Indian Hotel and Restaurant Association (ahar) & Anr. v. The State of Maharashtra & Ors. referred to

Of those, 10 referred to

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