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PMLA - Highlights / Catch Notes

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The Delhi High Court addressed a case involving money laundering ...


Bail granted to accused in money laundering case involving illegal kidney transplantation sustained. Delay in investigation and lack of arrest during the process.

Case Laws     Money Laundering

May 31, 2024

The Delhi High Court addressed a case involving money laundering and illegal kidney transplantation conspiracy. The court emphasized that bail can be challenged and canceled if relevant facts and laws were not considered or if irrelevant factors were taken into account. The Supreme Court rulings in Deepak Yadav v. State of U.P. and Satender Kumar Antil v. CBI were cited to highlight the importance of providing reasoning for bail decisions. The court also referenced the process for handling accused individuals under the PMLA and emphasized the use of summons over warrants. The court upheld the Trial Court's decision not to apply the rigors of Section 45 of the Act due to the delay in investigation and lack of arrest during the process. The court found no fault in the Trial Court's application of Section 436A and Section 428 of the Cr. P.C. in releasing the respondent on bond. Ultimately, the petition challenging the bail order was dismissed for lack of merit.

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