9911796707
TMI Blog2025 (1) TMI 850X X X X Extracts X X X X X X X X Extracts X X X X ..... an applies for bail, the twin conditions in clause (ii) need not be satisfied. Though time is granted to the learned Additional Solicitor General to make submissions in support of the submission that notwithstanding the proviso to sub-Section (1) of Section 45 of the PMLA, rigours of clause (ii) of sub- Section (1) of Section 45 of the PMLA will apply even to a woman, today the learned Solicitor General appears and states that rigours of clause (ii) of sub-Section (1) of Section 45 of the PMLA will not apply to a woman, in view of proviso to sub-Section (1) of Section 45 of the PMLA. As rigours of clause (ii) of sub-Section (1) of Section 45 of the PMLA will not apply, the Special Court ought to have treated the application as the one under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Adv. Mr. Annam Venkatesh, Adv. Ms. Astha Singh, Adv. Mr. Arvind Kumar Sharma, AOR Ms. Aditi Singh, Adv ORDER Leave granted. Heard the learned senior counsel appearing for the appellant and the learned Solicitor General appearing for the respondent. The appellant is an accused in a complaint filed under Section 44 of the Prevention of Money Laundering Act, 2002 (for short the PMLA ). The appellant has been under incarceration since 25th November, 2023. Admittedly, the appellant is a woman. Our order dated 19th December, 2024 reads thus: The learned ASG appearing for the Directorate of Enforcement seeks time. Initially, he submitted that even if an accused is a woman, notwithstanding the proviso to sub-Section (1) of Section 45 of the Preven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on is invited to the counter affidavit filed by the respondent and, in particular, what is stated in paragraph Nos. 9 to 16. There are no antecedents of the appellant brought on record. As rigours of clause (ii) of sub-Section (1) of Section 45 of the PMLA will not apply, the Special Court ought to have treated the application as the one under Section 439 of the Code of Criminal Procedure, 1973 (for short, Cr.P.C. ) or Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short, BNSS ). Hence, the first proviso to sub-Section (1) of Section 437 of the Cr.P.C. (the first proviso to sub-Section (1) of Section 480 of the BNSS) will apply. As the predicate offence is not under the Narcotic Drugs and Psychotropic Substances Act, 1985, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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