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2017 Supreme(SC) 685

ARUN MISHRA, AMITAVA ROY
Union of India – Appellant
Versus
Varinder Singh @ Raja – Respondent


Advocates Appeared:
For the Appellants :- Ranjit Kumar, SG, Ms. Binu Tamta, Amal Chitale, B. Krishna Prasad, Advs.
For the Respondents:- Ms. Kiran Bhardwaj, R.K. Thakur, Vishnu Sharma, Advs.

ORDER

Leave granted.

2. Heard learned counsel for the parties.

3. The High Court has not complied with the requirement of Section 45 of the Prevention of Money Laundering Act, 2002 ( in short 'the PMLA'). While granting bail, the High Court has failed to comply with the requirement of condition (ii)of Section 45 of the PMLA. This Court in Gautam Kundu v. Directorate of Enforcement (Prevention of Money Laundering Act), Government of India through Manoj Kumar, Assistant Director, Eastern Region, (2015)16 SCC 1 has laid down thus:

"26. The learned Solicitor General submitted that Section 45 of PMLA refers only to the term "Special Court" and therefore has to be given restricted meaning. According to him, PMLA is a "Special Law" applicable to the subject of money-laundering, and deals with economic offenders and white collar criminals. The object of PMLA is to prevent money-laundering and to provide for confiscation of property derived from, or involved in, moneylaundering. To enable the scheme of the Act, reliance was placed on various provisions of the PMLA. He further submitted that Section 44 of the PMLA only confers jurisdiction on the Special Court to deal with offences under the PML










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