The case pertains to money laundering and the applicability of ...

Court grants bail citing first proviso of Section 479 BNSS for 3-year max sentence under Customs Act.

Case Laws     Money Laundering

November 8, 2024

The case pertains to money laundering and the applicability of the first or second proviso to sub-section (1) of Section 479 of the BNSS (Biological Diversity Act) in a case involving the smuggling of Red Sanders. It is undisputed that the maximum sentence for the scheduled offence under the relevant sections of the Customs Act, 1862 is three years. The Supreme Court held that this is not a case where the court should exercise powers under the second proviso to sub-section (1) of Section 479 of the BNSS and deny the benefit of the first proviso. Consequently, the appellant was ordered to be enlarged on bail in terms of the first proviso of sub-section 1 of Section 479 of the BNSS, with directions to produce the appellant before the Special Court within a maximum period of one week. The appeal was allowed.

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