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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Nagani Akram Mohammad Shafi – Appellant
Versus
Union of India, Through Assistant Director, Directorate of Enforcement – Respondent
JUDGMENT :
AMIT BORKAR, J.
1. The present bail application involves a substantial question of law, which, though uncommon in the context of bail proceedings, assumes considerable importance for the proper adjudication of the present case. The core issue that arises for consideration is whether the references made in the Prevention of Money Laundering Act, 2002 (hereinafter referred to as ‘PMLA’), to the provisions of the INDIAN PENAL CODE , 1860 (IPC) and the Code of Criminal Procedure, 1973 (CrPC), stand vitiated or rendered ineffective by virtue of the repeal of those enactments through the coming into force of the Bharatiya Nyaya Sanhita, 2023 ( BNS ) and the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNS S ). A further question that necessarily follows is whether such references in the PMLA are now to be construed as referring to the corresponding provisions under the new legislative regime embodied in the BNS and BNS S .
2. By this application filed under Section 483 of the BNS S and Section 45 of the PMLA, the applicant seeks regular bail in connection with ECIR/MBZO-II/20/2024 registered by the Directorate of Enforcement, Mumbai Zonal Office-II. The said ECIR corresponds to S
The Prevention of Money Laundering Act's references to IPC provisions remain valid and dynamically interpretative, applying to corresponding sections of the Bharatiya Nyaya Sanhita after repeal.
Proceedings under the Prevention of Money Laundering Act are independent and can be based on continuing laundering activities, regardless of the scheduled offence's date of commission.
(1) Bail – Twin conditions in Section 45(1) of 2002 Act, which was declared unconstitutional by judgment of Apex Court in Nikesh T. Shah Vs. Union of India (2018) 11 SCC 1, stand revived in view of L....
Money-laundering is a continuing offence, so long as tainted property is enjoyed, possessed, orprojected as untainted.
Offences punishable under Insolvency and Bankruptcy Code, 2016 having imprisonment of two years or more will have to be tried by a Special Court presided by a Sessions Judge or an Additional Sessions....
The court affirmed that under Section 44(1)(c) of the PMLA, the Special Court is designated to try both scheduled offences and money laundering offences, emphasizing legislative intent for discretion....
The investigation under PMLA is independent of the ultimate result of the Predicate/Scheduled Offence and continues independently.
(1) Offence of money laundering is a stand-alone offence and trial proceedings are completely different to that of scheduled offence. Trial of money laundering offence is independent trial and it is ....
(1) Anticipatory bail application – Entertainment of an application directly by High Court is for consideration of Judge before whom petition is placed – There is no absolute bar that a person who ha....
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