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TMI Blog2023 (2) TMI 1239X X X X Extracts X X X X X X X X Extracts X X X X ..... is made in connection with the offence of PMLA Act, the underlying principles and rigour of Section 45 of the Act gets triggered. The record submitted by the respondents prima facie shows nexus between the primary offender and the applicant, who is found to be an accessory to money-laundering. From the material collected by the Investigating Agency, considering the nature of allegations and the seriousness of offence alleged, prima facie, at this stage, it cannot be said that the applicant has not committed any offence alleged against him. The Supreme Court in the case of P. CHIDAMBARAM VERSUS DIRECTORATE OF ENFORCEMENT [ 2019 (9) TMI 286 - SUPREME COURT ] while dismissing the anticipatory bail application has observed that power under Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Joshi retired from their respective partnership, and the applicant with one Mr. Shailesh Agrawal became the present partners. According to the applicant, he was not aware of the fact that the properties in question were proceed of ill-gotten means. It is argued that initially FIR bearing Crime No. 102/2010 was registered by the SPE, Lokayukta, Bhopal under the different provisions of Prevention of Corruption Act, and charge sheet was filed by the Lokayukta on 03.02.2014. Thereafter the prosecution complaint no. 3/2014 was filed under Section 44 of the PMLA Act. Learned counsel pointed out that the applicant was neither an accused in the initial charge sheet nor in the initial prosecution complaint. He was issued a notice, for the first time ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2nd September, 2021, and Satender Kumar Antil vs. CBI, (2022) 10 SCC 51, learned counsel for the applicant has argued that non-bailable warrant of arrest could not be issued directly on the first hearing ,on occasion of non-appearance of the accused. It is stated that the applicant has cooperated in the investigation and never arrested during the investigation. Further, supplementary charge sheet has also been filed by the investigating agency and no custodial interrogation is required. Under such circumstances, the rigour under Section 45 of PMLA Act will not come into play in the light of decisions rendered in Pawan Kumar Agrawal and another vs. ED (Special Leave to Appeal (Crl.) No.2106/2022) and Rana Kapoor vs. Directorate of Enforceme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his and the family members. It is pointed out that the supplementary prosecution complaint has been filed in compliance of Section 8(3) of the Act which mandates that the prosecution complaint be filed within 365 days after confirmation of PAO. It is pointed out by Shri Vikram Singh that the applicant did not appear on 10.01.2023 and, Instead, filed an application under Section 438 of Cr.P.C. through his counsel. Even after rejection of that application on 16.01.2023, he did not remain present before the trial Court, therefore, arrest warrant was issued considering the nature of offence and allegations against the present applicant. Learned counsel further contended that as per the provisions of Section 45 of the PMLA Act, the offence under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail: Provided that a person, who, is under the age of sixteen years, or is a woman or is sick or infirm, (or is accused either on his own or along with other co-accused of moneylaundering a sum of less than one crore rupees), may be released on bail, if the Special Court so directs: Provided further that the Special Court shall not take cognizance of any offence punishable under Section 4 except upon a complaint in writing made by- (i) the Director; or (ii) any of icer of the Central Government or a State Government authorised i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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