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2017 (7) TMI 622 - HC - Money LaunderingOffences punishable under Section 120B IPC r/w. Sections 419, 420, 468 and 471 of IPC and Sections 7 and 13(2) r/w. Section 13(1)(d) of Prevention of Corruption Act, 1988 - Held that - The person arrested is entitled to be informed about the grounds of such arrest. It appears that the material in the sealed covers in the possession of the Directorate of Enforcement is not disclosed till date. In the given circumstances, the Special Judge was well within in his propriety to opine that there was no material before him to hold that the respondent accused was guilty of the offences. Hence, the legality of the bail granted in favour of the respondent accused cannot be disturbed in this petition. However, the materials in the hands of the Directorate of Enforcement can be submitted to the concerned Court at the time of submitting the complaint. With these observations, petition is rejected.
Issues Involved:
1. Petition seeking cancellation of bail granted to the accused. 2. Consideration of incriminating material against the accused under the Prevention of Money Laundering Act (PML Act). 3. Interpretation of Section 45(i)(ii) of the PML Act for granting bail. 4. Comparison of legal precedents regarding the overriding effect of the PML Act. 5. Evaluation of evidence and material presented by the prosecution. 6. Obligation of the prosecution to provide documentary proof to support allegations. 7. Analysis of the legality of bail granted based on available evidence. 8. Disclosure of material in possession of the Directorate of Enforcement. Detailed Analysis: 1. The petitioner, Directorate of Enforcement, sought to cancel the bail granted to the accused by the Special Court for CBI cases. The accused faced charges under various sections of the IPC and the Prevention of Corruption Act, along with offences under the Prevention of Money Laundering Act (PML Act). 2. The petitioner argued that despite incriminating material against the accused related to the PML Act, the lower court granted bail without considering the requirements of Section 45(i)(ii) of the PML Act. Concerns were raised about the accused's cooperation with the investigation and the potential for tampering with evidence or proceeds of the crime. 3. Legal arguments revolved around the interpretation of Section 45(i)(ii) of the PML Act, emphasizing the need for the court to be satisfied regarding the accused's innocence and the absence of a likelihood of reoffending. Reference was made to the judgment in Gautam Kundu Vs. Manoj Kumar highlighting the overriding effect of the PML Act. 4. The respondent's counsel contended that the prosecution failed to provide corroborative material beyond the initial charge sheet, leading the Special Judge to find insufficient evidence against the accused. Citing the case of Sanjay Chandra Vs. CBI, the defense stressed the balanced approach to granting bail in cases with extended trial durations. 5. The court noted the absence of additional documents from the prosecution to support the allegations against the accused during the bail application process. The petitioner later submitted sealed covers containing evidentiary material collected during the investigation. 6. It was highlighted that the prosecution neglected its duty to present convincing evidence to the court, resulting in a lack of substantiation for the allegations made against the accused. The court underscored the importance of disclosing all relevant material during legal proceedings. 7. The judgment emphasized the necessity of informing the accused about the grounds of arrest under the PML Act and the obligation to disclose relevant material. Despite the lack of disclosed evidence, the legality of the bail granted to the accused was upheld, suggesting that the Directorate of Enforcement could present the materials during the complaint submission. 8. Ultimately, the petition seeking the cancellation of bail was rejected, emphasizing the importance of presenting all relevant evidence and material during legal proceedings to ensure a fair and informed decision-making process.
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