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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 coal scam accused citing money laundering, illegal extortion.

Case Laws     Money Laundering

August 31, 2024

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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