Supreme Court Of India
(From : AIROnline 2024 Pat 793)
Bela M. Trivedi,
Prasanna B. Varale
, JJ
Prevention of Money-Laundering Act (15 of 2003) , S.45— Criminal P.C. (2 of 1974) , S.439— Bail – Prayer for -Offences under PMLA – Allegation that accused-company and its Directors were engaged in illegal mining and selling of sand without using departmental pre-paid transportation E-challan, issued by State Mining Authority, causing revenue loss to Govt. Exchequer – Bail was granted in casual and cavalier manner, without properly considering mandatory requirements of S. 45 of the PMLA – Court failed to record finding that reasonable grounds existed to believe that accused was not guilty of alleged offence and was not likely to commit any offence while on bail – Money laundering is aggravated form of crime, that has serious transnational consequences and should not be treated like ordinary offences – Any casual or cursory approach in grant of bail in such offences, without adhering to stringent provisions of S. 45, was inappropriate – Order granting bail was quashed
AIROnline 2024 Pat 793-ReversedAIR 2016 SC 106-FollowedAIR 2017 SC 5309-Followed
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