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BIBEK CHAUDHURI
Sanjay Agarwal – Appellant
Versus
Directorate Of Enforcement – Respondent
JUDGMENT
Bibek Chaudhuri, J. - Background of the case
1. On the basis of source information that accused Sanjay agarwal was trying to divert 54.096 kg gold jewellery meant for export from NSCBI airport, Kolkata to the domestic area after completion of all export formalities. The shipping bill and documents showing customs duty were filed in the name of Shri Ganesh Jewels, Hyderabad for export of the said gold jewellery to Dubai on 4th april, 2018 on hand carry basis through Preet Kumar agarwal, son of the accused. On the date of journey to Dubai for exporting the said gold jewellery, Preet went to the office of the SDO, Customs at NSCBI airport being accompanied by a preventive officer of the Customs Department. The SDO, Customs verified the sealed consignments and handed over the same to Preet Kumar agarwal at his office itself violating the procedure of handing over the sealed boxes at the security hold or boarding area itself. after receiving the said articles, he put it to a strolley bag and handed over the strolley bag to his father, the accused herein. Then Sanjay went straight to cargo complex, broke the seals of customs affixed on the boxes and booked them with Indigo airline
The main legal point established in the judgment is the application of the Customs act and the Prevention of Money Laundering act in determining the legality of the petitioner's actions and the bail ....
Once an offence under PMLA is registered on the basis of a scheduled offence, then it stands on its own and it thereafter does not require support of predicate/scheduled offence.
(1) Grant of bail – Consideration of two conditions mentioned in Section 45 is mandatory and while considering bail application, rigours of Section 45 have to be reckoned by court to uphold objective....
It is not necessary to multiply the authorities on the sweep of Section 45 of the 2002 Act which, as aforementioned, is no more res integra.
Point of law : The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, th....
The main legal point established is the constitutional validity of Section 45(1) of the PML Act and the principle of granting bail in economic offences when the investigation is complete and the tria....
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