JUDGMENT

Vinay Joshi, J.—Reference made by learned Single Judge dated 03.12.2021 has occasioned us to deliberate upon the conflicting views expressed by the learned Single Judges on the issue involved. The center of focus revolves around the effect of post-amended section 45 of the Prevention of Money-Laundering Act, 2002 (PML Act) in terms of amendment introduced w.e.f. 19.04.2018, after decision of the Supreme Court in the case of Nikesh Tarachand Shah Vs. Union of India (2018) 11 SCC 1. The applicant (accused) has preferred an application in terms of section 439 of the Code of Criminal Procedure, 1972 (code) read with section 65 of the PML Act, for grant of bail in ECIR/NGSZO/13/2021 registered at the Director of Enforcement (ED), Sub-Zonal Office, Nagpur, in connection with the offence of money laundering in terms of section 3 of the PML Act punishable under section 4 of the said Act.

Background for Reference :-

2. During the course of hearing of bail application, learned Counsel appearing for applicant-accused canvassed that rigor of complying duel conditions incorporated in section 45(1)(ii) of the PML Act would not apply in view of the decision of the Supreme Court in th