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PMLA - Highlights / Catch Notes

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The court dismissed the third bail application filed u/s 439 of ...


Bail Denied for Ex-Govt Official in Coal Money Laundering Case; Court Cites Strong Evidence and Trial Delays.

August 31, 2024

Case Laws     Money Laundering     HC

The court dismissed the third bail application filed u/s 439 of the Code of Criminal Procedure, 1973, in a case involving money laundering and illegal extortion on coal transportation. The offences were punishable u/ss 3 & 4 of the Prevention of Money Laundering Act (PMLA), 2002. The court observed that the Enforcement Directorate had collected sufficient prima facie evidence to conclude that the applicant, a former Deputy Secretary and OSD in the Chief Minister's Office, was actively involved in money laundering u/s 3 of PMLA. The court found no grounds to satisfy that the applicant was not guilty or to grant the special benefit under the proviso to Section 45 of PMLA. The delay in trial was due to the non-cooperation of other accused and not without reason. Considering the applicant had remained in custody for only 1 year and 8 months and failed to fulfill the twin conditions for bail under PMLA, the court rejected the third bail application.

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