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DINESH KUMAR SHARMA
Vijay Nair – Appellant
Versus
Directorate of Enforcement – Respondent
JUDGMENT
INDEX
| S. No. | Particulars | Page No |
| 1. | Factual Matrix | 2-18 |
| 2. | Submissions on behalf of Petitioner | 18-24 |
| 3. | Submissions on behalf of Respondent/ED | 24-27 |
| 4. | Finding and Analysis | 27-45 |
Dinesh Kumar Sharma, J.
A. FACTUAL MATRIX
CRL.M.A. 11089/2023
The present application has been moved seeking early hearing.
For the reasons stated in the application, the application is allowed.
BAIL APPLN. 1178/2023
1. The present order shall dispose of the bail application no. 1178/2023 of "Vijay Nair vs Directorate of Enforcement".
2. The bail applications filed by petitioner Vijay Nair was dismissed by the learned Special Judge, PC Act, CBI-09 vide order dated 16.02.2023.
3. Briefly the facts as stated by Enforcement Directorate are as under:
"5. An FIR No. RC0032022A0053 dated 17.08.2022 was registered by CBI, ACB, New Delhi against Sh. Manish Sisodia, Deputy Chief Minister, GNCTD of Delhi and others under Section 120B r/w 477A of Indian Penal Code, 1860 and Section 7 of Prevention of Corruption Act, 1988 for irregularities in framing and implementation of the excise policy of GNCTD of Delhi for the year 2021-22.
6. The FIR is registered on the direction of competent authority conveyed by Shri Praveen Kumar Rai,
SECTION 3 OF PMLA HAS A WIDER REACH AND ANYBODY WHO IS ACTUALLY INVOLVED IN KNOWINGLY ASSISTING DIRECTLY OR INDIRECTLY IN ANY PROCESS OR ACTIVITY WITH THE PROCEEDS OF CRIME INCLUDING ASSISTING IN THE....
The court held that there were reasonable grounds for believing that the petitioner was guilty of the offence under Section 3 of the PMLA. The court also held that the twin conditions under Section 4....
The offence of money laundering under Section 3 of the PMLA includes any process or activity connected with the proceeds of crime, including its concealment, possession, acquisition or use and projec....
(1) Bail application – For the purpose of considering application for bail, although detailed reasons are not necessary to be assigned and evidence need not be weighed meticulously, tentative finding....
The court emphasized that for bail under PMLA, satisfaction of twin conditions is mandatory, confirming the need for reasonable grounds against guilt and potential for re-offense. Balancing the sever....
Bail is the rule and jail is the exception, especially in serious economic offences under the Prevention of Money Laundering Act, where the gravity of charges necessitates stringent scrutiny.
The court reiterated that under the UAPA, bail is the exception, emphasizing the prima facie strength of allegations against the accused involved in financing a terrorist organization.
The court established that under the UAPA, the presumption against granting bail is strong when there are reasonable grounds to believe the accusations against the accused are prima facie true, refle....
The court emphasized that in economic offences under the PMLA, bail is not granted unless the accused proves they are not guilty and unlikely to commit further offences.
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