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PRABHAT KUMAR SINGH
Binesh Prasad Gupta – Appellant
Versus
Union of India – Respondent
Headnote: Read headnote
Prabhat Kumar Singh, J.—This is an application for grant of anticipatory bail to the petitioners in connection with Special Trial No. (PMLA) 07 of 2018 arising out of ECIR No. PTZO/02/2016 dated 28.08.2016 instituted for offences punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (for short “PMLA”).
2. According to the prosecution, after preliminary inquiry against these petitioners and other co-accused persons who have found to have committed the offence of Section 3 of the PMLA, the complaint was filed on F.I.R. bearing no.77/2013 dated 04.05.2013 registered initially by P.S. Giriyak, Nalanda Bihar against co-accused Dinesh Prasad Gupta, Proprietor of M/s Pawapuri Rice Mill under Sections 406, 406, 407, 409 & 420 of Indian Penal Code. It is alleged that co-accused Dinesh Prasad Gupta, on behalf of M/s Pawapuri Rice Mills had received total 1,90,381.31 quintals of paddy as per agreement executed with Bihar State Food & Supplies Corporation Ltd. and M/s Pawapuri Rice Mills had to deposit 1,29,459.17 quintals of rice (68% of Paddy received) to the Food Corporation of India but he could deposit only 75293.39 quintals of
Once cognizance is taken under the PMLA, the Special Court lacks jurisdiction to arrest the accused, and bail matters must align with the Criminal Procedure Code provisions.
The provisions of S.45 of the PMLA do not apply to anticipatory bail proceedings, allowing for bail grants based on case-specific circumstances.
The mandatory conditions under Section 45 of PMLA for granting anticipatory bail were not satisfied, emphasizing economic offences' serious nature.
The stringent conditions set by Section 45 of the P.M.L. Act for granting bail in money laundering cases were central to the court's decision.
The gravity of economic offences, potential influence on witnesses and evidence, and the failure to satisfy the twin conditions for bail under Section 45 of the PMLA were central to the court's decis....
An individual can be prosecuted under the PMLA, even if not directly involved in the scheduled offence, and the gravity of economic offences needs to be considered in the matter of bail. The court al....
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