9911796707
TMI Blog2020 (12) TMI 1104X X X X Extracts X X X X X X X X Extracts X X X X ..... Allegations are silent in respect of alleged financing by the petitioner in terms of offence under Section 27-A of the Act. Petitioner was granted interim bail by this Court vide order dated 05.06.2020. Interim bail was extended by subsequent orders till date - Application allowed. - CRM-M No. 12959 of 2020 (O&M) - - - Dated:- 17-9-2020 - HON'BLE MR. JUSTICE RAJ MOHAN SINGH Mr. Vipul Jindal, Advocate, for the petitioner Mr. R.P. Singh, D.A.G., Punjab ORDER RAJ MOHAN SINGH, J. (ORAL) The case has been taken up for hearing through video-conferencing. Petitioner seeks grant of regular bail under Section 439 Cr.P.C. in case bearing FIR No.23 dated 31.01.2020 under Sections 21, 25, 27A and 29 of NDPS Act regis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to financing illicit traffic and harbouring offenders. With reference to Sections 3,4 and 71 of PMLA Act, learned counsel contends that in the very nature of allegations, provisions of Prevention of Money Laundering Act, 2002 have overriding effect over the other acts. Offences in question are scheduled offences under Part-A of the Act of 2002 and therefore, the complicity of the petitioner falls under PMLA Act for which Sections 44 and 45 of the Act would apply even though, the case has not been registered under PMLA Act. At the most, offence under the said Act could have been alleged against the petitioner. Learned counsel further submits that offence under Section 45 of PMLA Act is peri materia with Section 37 of the NDPS Act. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interim bail by this Court vide order dated 05.06.2020. Interim bail was extended by subsequent orders till date. Co-accused namely Haneetpal Singh @ Hunny has been granted regular bail by the trial Court vide order dated 23.07.2020. Allegations against co-accused Haneetpal Singh @ 4 of 5 Hunny are also the same. Ankush Kapoor after receiving an amount of ₹ 1 crore from co-accused Baijaan had given ₹ 75 lacs to Haneetpal Singh @ Hunny who is running business of Money Changer. Recovery has been effected from Haneetpal Singh @ Hunny. The case of the petitioner appears to be on better footing from that of Haneetpal Singh @ Hunny as no recovery has been effected from the petitioner. The case appears to be debatable. Petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
