Supreme Court of India
The Union of India through the Assistant Director v. Kanhaiya Prasad
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above, there remains no shadow of doubt that the consideration of the two conditions mentioned in Section 45 is mandatory, and that while considering the bail application, the said rigours of Section 45 have to be reckoned by the court to uphold the objectives of the PMLA.
Judgment, page 9
From the headnote
Prevention of Money Laundering Act, 2002 – ss.45, 50 – Commission of offence under PMLA – Grant of bail – Twin conditions for bail u/s.45 – Respondent allegedly layered and laundered the proceeds of crime generated by his father-syndicate member involved in illegal sale of sand using hawala network and concealed the proceeds of crime and used the said proceeds – Complaint filed by the appellant-UOI against the respondent for offences u/ss.3/4 of the PMLA – PMLA court took cognizance of the alleged offences – Bail application by the respondent – Allowed by the High Court – Correctness: Held:
Authorities it was built on
- 1997 Dr. K. Ramulu and Anr. Etc. v. Dr. S. Suryaprakash Rao and Ors.
- 2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors.
- 2015 Gautam Kundu v. Manoj Kumar Assistant Director, Eastern Region, Directorate of Enforcement(prevention of Money Laundering Act) Govt. of India
- 2017 Rohit Tandon v. The Enforcement Directorate
- 2023 Tarun Kumar v. Assistant Director Directorate of Enforcement
Where later benches applied it
Of those, 1 referred to
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