This case deals with the admissibility of statements made u/s 50 ...

Statements given under duress inadmissible: SC upholds fair trial in money laundering cases.

Case Laws     Money Laundering

August 31, 2024

This case deals with the admissibility of statements made u/s 50 of the Prevention of Money Laundering Act (PMLA) when the accused is in judicial custody in another case investigated by the same agency. The key points are: The Supreme Court held that when an accused is in custody under PMLA, any statement given to the same investigating agency u/s 50 is inadmissible against the maker, as the person is not operating with a free mind. Such statements would violate the principles of fair play and justice, and the 'procedure established by law' under Article 21 of the Constitution. The court distinguished its earlier judgment in Vijay Madanlal Choudhary, stating that it had anticipated scenarios where Section 25 of the Evidence Act (confessions to police officers) may apply. The High Court's judgment was set aside, and the appellant was granted regular bail subject to furnishing bail bonds and sureties, with directions to the trial court. Allegations of misuse of jail facilities were not considered relevant for denying bail.

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