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AMIT BORKAR
Nagani Akram Mohammad Shafi – Appellant
Versus
Union of India Through Assistant Director – Respondent
JUDGMENT (ORAL)
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 (BNSS). 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 BNSS.
2. By this application filed under Section 483 of the BNSS 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 Special Case (PMLA) No.
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