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PRABHAT KUMAR SINGH
Dadan Singh @ Dadan Yadav – Appellant
Versus
Directorate of Enforcement – Respondent
Prabhat Kumar Singh, J.—This is an application for grant of anticipatory bail to the petitioner in connection with Special Trial No. (PMLA) Case No. 08 of 2021, arising out of ECIR No. ECIR/PTZO/10/2014 dated 13.05.2014 instituted for offences punishable under Section 4 of the Prevention of Money Laundering Act, 2002 (for short “PMLA”).
2. The prosecution case is that on the basis of F.I.R. No. 43/2006 dated 12.11.2006 and supplementary Charge-sheet No.62/07 dated 21.10.2007 filed by Koransarai P.S. Buxar forwarded by the S.P. Buxar, Bihar vide his Letter No 6192 dated 16.11.2013, an investigation was initiated by the Enforcement Directorate, Patna Zonal Office, Patna under the provisions of PMLA, 2002. In the supplementary charge-sheet, Sri Dadan Singh and Smt. Usha Singh were made accused under Sections 188, 384, 420, 120B I.P.C. and under Sections 25(1-b), 26, 35. 29. 30 of the Arms Act. In the FIR, it is alleged that one Scorpio having Registration No.DL-9CG-9596 was seized on 12.11.2006 during Panchayat Election and in the said vehicle two Aarakshi who were bodyguard of Dadan Singh, MLA and two other people namely Bhim Ram and Sanjay Kumar Yadav were present along with Rifles a
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.
After cognizance of an offence under PMLA is taken, the Enforcement Directorate cannot arrest the accused, impacting the applicability of bail conditions stipulated in Section 45.
Anticipatory bail – Provision under Section 438 of Cr.P.C. cannot be invoked to protect accused from his apprehension of being taken to custody on his appearance by orders of Court.
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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