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MANISH PITALE
Sachin Balasaheb Sawant – Appellant
Versus
Union of India – Respondent
ORDER:
Manish Pitale, J.
The applicant in the present case was arrested on 27.06.2023 and he is seeking bail, on the basis that despite the rigours of the twin test contemplated under Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA), he is entitled to such relief.
2. The applicant joined the Indian Revenue Service in the year 2008 and after completing his training, he joined Central Excise Zone on 17.05.2010. Having served in various capacities, including as Deputy Director, Directorate of Enforcement, Mumbai, he was working as Additional Commissioner (Appeals), Lucknow CGST and CX Zone, when FIR dated 30.06.2022 was registered by the ACB, Mumbai against the applicant for offences under Sections 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 (PC Act) and Section 13(2) read with Section 13(1)(b) of the PC Act as amended in the year 2018, as also Section 109 of the Indian Penal Code, 1860. It was alleged in the FIR that during the check period between 12.01.2011 and 31.08.2020, the applicant had amassed assets disproportionate to his known sources of income, to the extent of about Rs. 2.45 crores. Anonymous information was received by the Cen
The court found that the applicant's arrest lacked sufficient grounds due to an unsigned FIR and absence of a chargesheet, allowing bail under the PMLA.
The court held that the applicant failed to satisfy the twin conditions for bail under Section 45 of the PMLA, 2002, due to the serious nature of the allegations and the evidence presented.
The court emphasized that in economic offences, especially under the PMLA, bail should not be granted unless the accused demonstrates they are not guilty and unlikely to commit further offences.
The offence of money laundering under the Prevention of Money Laundering Act, 2002 is an independent offence regarding the process or activity connected with the proceeds of crime, which has nothing ....
The court considered the satisfaction of the twin conditions under Section 45 of PMLA and the triple test under Section 439 of Cr.PC, as well as the larger interest of the public and the State, and t....
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