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2017 (3) TMI 1642 - SC - Money LaunderingStatutory bail seeked - offence under PMLA - whether the provisions of Section 167(2) Cr.P.C. are not applicable to cases arising out of PMLA Act - Held that - We do not agree with the opinion of the High Court that the provisions of Section 167(2) Cr.P.C. would not be applicable to the proceedings under PMLA Act. In the present case as no complaint was filed even after the expiry of 60 days from the date when the appellant was taken into custody he was entitled to statutory bail in view of the provisions contained in Section 167(2) Cr.P.C. This appeal is accordingly allowed and as a result thereof the appellant shall be given the benefit of statutory bail and be released forthwith subject to the conditions that may be imposed by the Trial Court.
Issues:
1. Applicability of Section 167(2) of the Code of Criminal Procedure (Cr.P.C.) in cases under the Prevention of Money Laundering Act, 2002 (PMLA Act). Analysis: The Supreme Court heard a criminal appeal arising from a bail application filed by the appellant under Section 439 of the Cr.P.C. and a subsequent application for statutory bail under Section 167(2) of the Cr.P.C. The Trial Court and the High Court had dismissed both applications, ruling that Section 167(2) Cr.P.C. is not applicable to cases under the PMLA Act. The High Court did not provide reasons for its decision, merely endorsing the Trial Court's view. However, the Supreme Court disagreed with this interpretation, emphasizing that the Cr.P.C. applies to special statutes unless expressly barred. Sections 44 to 46 of the PMLA Act explicitly incorporate Cr.P.C. provisions for trials under the PMLA Act. Additionally, Section 65 of the PMLA Act confirms the applicability of the Cr.P.C. to proceedings under the Act. The Supreme Court cited the judgment in 'Directorate of Enforcement v. Deepak Mahajan and Another' [1994 (3) SCC 440] to support its stance that Section 167(2) Cr.P.C. is applicable to cases under special statutes like the PMLA Act. As the appellant was not charged within 60 days of custody, he was entitled to statutory bail under Section 167(2) Cr.P.C. The Court allowed the appeal, granting the appellant statutory bail and ordering his immediate release, subject to conditions set by the Trial Court. In a related matter, the Court dismissed a writ petition and a special leave petition following the orders passed in the criminal appeal, thereby concluding the legal proceedings in this case.
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