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PMLA - Highlights / Catch Notes

Home Highlights February 2023 Year 2023 This

Seeking grant of Anticipatory bail - Money Laundering - the ...


Supreme Court overturns High Court's anticipatory bail decision in money laundering case, citing misinterpretation of Section 45 PMLA.

February 27, 2023

Case Laws     Money Laundering     SC

Seeking grant of Anticipatory bail - Money Laundering - the observations made by the High Court that the provisions of Section 45 of the Act, 2002 shall not be applicable in connection with an application under Section 438 Cr.PC is just contrary to the decision in the case of Dr. V.C. Mohan and the same is on misunderstanding of the observations made in the case of Nikesh Tarachand Shah. Once the rigour under Section 45 of the Act, 2002 shall be applicable the impugned judgment and order passed by the High Court granting anticipatory bail to respondent No. 1 is unsustainable. - SC

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