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TMI Blog2023 (10) TMI 1403X X X X Extracts X X X X X X X X Extracts X X X X ..... how that said income has been earned legally. Section 45 of the PML Act, 2022 is applicable with full force and a person who is under age of 16 years or is a woman or is sick or infirm and is accused of an offence with allegations of money laundering with less than one crore may be released on bail. Case of applicant will not fall within the proviso of Section 45 of the PML Act, 2002 as the amount which is said to have been earned by applicant along with other co-accused will be much above Rs. One Crore. The anticipatory bail application filed by applicant, is dismissed. - HON'BLE SHRI JUSTICE VISHAL DHAGAT FOR THE APPLICANT : BY SHRI ANIL KHARE - SENIOR ADVOCATE WITH SHRI H.S. CHHABRA - ADVOCATE FOR THE RESPONDENTS : BY SHRI VIKRAM S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e mandatory in nature will apply with full force. Reliance was placed on judgment in Vijay Madanlal Chaudhary Others Vs. Union of India, SLP (Cr.) 4634 of 2014 and it was submitted that underline principles of Section 45 of the PML Act, 2002 would get triggered in regular bail or in anticipatory bail. It is further submitted that economic offence under special Act comes under the category of heinous offence and cannot be considered as ordinary offence. Applicant will be required for investigation in the case. Applicant is son of P.C. Singh and on investigation proceeds of crime can be discovered. Granting anticipatory bail may be counter productive and applicant may indulge in similar offences. In these circumstances, anticipatory bail appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ult of proceeds of crime committed by P.C. Singh. Applicant may have helped directly or indirectly in diverting the income to show that said income has been earned legally. 6. At this stage, it is too early to say that applicant is not involved in any offence under PML Act and only allegation against him is regarding his illegal appointment which is secured by his father P.C. Singh. As applicant is having disproportionate asset and is also having FDRs and money in his account which is more than his known sources of income, therefore, same may be proceeds of crime and applicant may be guilty of committing offence of the Prevention of Money Laundering Act (PMLA), 2002. 7. Section 45 of the PML Act, 2022 is applicable with full force and a per ..... X X X X Extracts X X X X X X X X Extracts X X X X
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