2022 (1) TMI 1303 - SCH - Money Laundering

Seeking grant of Bail - procedure under Section 19 PMLA was followed or not - Enforcement Directorate can be complainant and the Investigating Officer at the same time or not - effect of declaration of twin conditions under Section 45 of the PMLA have been declared unconstitutional and ultra virus - it was held by Delhi High Court that Issue decided in the case of MUKESH SINGH VERSUS STATE (NARCOTIC BRANCH OF DELHI) 2020 (9) TMI 419 - SUPREME COURT where it was held that merely because the informant is the investigator, by that itself the investigation would not suffer the vice of unfairness or bias and therefore on the sole ground that informant is the investigator, the accused is not entitled to acquittal. HELD THAT - We decline to interfere in this special leave petition. The special leave petition is accordingly dismissed.

Summary

Issues:
1. Special leave petition dismissal
2. Assurance by Investigating Agency
3. Renewal of bail prayer
4. Witness availability for trial

Special Leave Petition Dismissal:
The Supreme Court, comprising Hon'ble Mr. Justice A.M. Khanwilkar and Hon'ble Mr. Justice C.T. Ravikumar, declined to interfere in the special leave petition and consequently dismissed it after hearing the learned counsel for both parties.

Assurance by Investigating Agency:
The Court noted the assurance provided by the Investigating Agency, conveyed through Mr. S.V. Raju, learned Additional Solicitor General. The Agency assured that the investigation would be completed promptly, and all necessary efforts would be made to ensure the trial's conclusion by the end of the year 2022.

Renewal of Bail Prayer:
In case the trial does not progress within the next six months, the petitioner is granted the liberty to renew the prayer for bail after June 2022. This provision allows the petitioner to seek bail if the trial does not commence within the stipulated time frame.

Witness Availability for Trial:
The Court directed the Investigating Agency to ensure that all witnesses are present for examination on the dates assigned by the Trial Court without any failure once the trial commences. This directive emphasizes the importance of witness availability for the smooth conduct of the trial proceedings.

The judgment concludes by stating that any pending applications are disposed of in light of the decision made regarding the special leave petition and the assurances provided by the Investigating Agency for the expeditious completion of the investigation and trial.