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TIRTHANKAR GHOSH
Partha Chatterjee – Appellant
Versus
Enforcement Directorate – Respondent
JUDGMENT :
Tirthankar Ghosh, J.
1. Petitioner has prayed for bail in connection with M.L. Case No. 13 of 2022 pending before the learned Special Judge, (CBI-I), Court, City Sessions Court, Calcutta arising out of ECIR No. KLZO-II/19/2022 dated 24.06.2022 under Section 3 & 4 of the Prevention of Money Laundering Act, 2002.
2. The genesis of the present case relate to an order dated 08.06.2022 passed in WPA No. 9979 of 2022 (in the matter of Soumen Nandy –Vs. – The State of West Bengal & Ors.), wherein the CBI, ACB, Kolkata registered FIR being no. RC102022A0006 dated 09.06.2022 for offences punishable under sections 7, 7A & 8 of Prevention of Corruption Act, 1988 and Sections 120B, 420, 467, 468, 471 & 34 of INDIAN PENAL CODE , 1860 against Chandan Mondal @ Ranjan, unknown office bearers of West Bengal Board of Primary Education and others for the alleged offences committed by unknown office bearers of West Bengal Board of Primary Education in conducting the selection process of Assistant teachers.
3. As sections 7, 7A & 8 of the Prevention of Corruption Act, 1988 fall under Paragraph 8 part 'A' of the schedule to the PMLA, 2002 and Sections 120B, 420, 467 & 471 of INDIAN PENAL CODE , 1
Economic offences like money laundering under the PMLA warrant severe scrutiny for bail, emphasizing the right to a speedy trial while recognizing the gravity of the allegations and prolonged detenti....
Bail – Delay and long detention in custody cannot be a ground for grant of bail in cases of money laundering.
The court emphasized that in economic offences, especially under the PMLA, bail should not be granted unless the accused demonstrates they are not guilty and unlikely to commit further offences.
(1) Economic offences having deep-rooted conspiracies and involving huge loss of public funds need to be viewed seriously and considered as grave offences affecting economy of country as a whole and ....
(1) Money Laundering – Right to life and personal liberty enshrined under Article 21 of Constitution is overarching and sacrosanct – Constitutional Court cannot be restrained from granting bail to ac....
The court held that the petitioner is entitled to bail under Section 45 of the Prevention of Money Laundering Act, 2002 as there were no reasonable grounds for believing that she had committed an off....
The court emphasized that bail under the PMLA requires satisfaction of twin conditions regarding the accused's guilt and likelihood of committing further offences, which were not met in this case.
In economic offences, bail is not a right; the burden rests on the applicant to show no risk of interference with justice or likelihood of guilt, reinforced by the position of the accused.
The offence of money laundering under PMLA is independent of underlying scheduled offences; involvement in any process related to proceeds of crime suffices for liability under Section 3.
The court considered the satisfaction of the twin conditions under Section 45 of PMLA and the triple test under Section 439 of Cr.PC, as well as the larger interest of the public and the State, and t....
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