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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Prabir Purkayastha, S/o Lt. A.K. De Purkayastha – Appellant
Versus
Directorate Of Enforcement – Respondent
| Table of Content |
|---|
| 1. description of the applicant's background and fdi transactions (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. lawfulness of investment and request for ecir (Para 10 , 11 , 12 , 13 , 14) |
| 3. arguments against the existence of scheduled offences (Para 15 , 16 , 17 , 19 , 20 , 21) |
| 4. respondent’s claims about investment misconduct (Para 22 , 23 , 31) |
| 5. legal requirements for arrest under pmla (Para 24 , 26 , 27) |
| 6. considerations for granting bail (Para 40 , 41 , 42 , 43) |
| 7. conditions for anticipatory bail grant (Para 44) |
| 8. final order and disposition of the case (Para 45 , 46) |
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. Bail Application under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C’) has been filed on behalf of the Applicant, Prabir Purkayastha seeking Anticipatory Bail in ECIR bearing ECIR/14/HIU/2020 dated 02.09.2020 under Section 3 and 4 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as "ECIR‟).
2. The Applicant submits that he is a respectable and law-abiding citizen of India having deep roots in the Society and is residing with his Partner. He is a reputed journalist and is also a Director of M/s PPK New
The court held that in the absence of a Scheduled Offence under the PMLA, personal liberty is paramount, allowing for anticipatory bail due to the lack of substantial allegations against the accused.
Anticipatory bail can be granted when a person is not named in an FIR and no risk of tampering with evidence exists, emphasizing the right to freedom of expression.
An anticipatory bail application can only be filed by persons present in India to ensure compliance with the court's conditions; presence in court is necessary for due process.
The court cannot grant anticipatory bail to an applicant residing outside the jurisdiction without evidence of cooperation with ongoing investigations.
The court ruled that a person outside jurisdiction lacks grounds to seek anticipatory bail, emphasizing the need for presence in India to enforce bail conditions.
Anticipatory bail in economic offences requires stringent scrutiny; the applicant's involvement in a large-scale scam and risk of flight justified denial of bail.
Anticipatory bail in economic offences requires careful consideration of the gravity of accusations, potential for absconding, and must be granted sparingly, especially under the Prevention of Money ....
The court granted bail under the PMLA, emphasizing the lack of sufficient evidence linking the applicant to money laundering, and highlighting the necessity for a predicate offence to substantiate ch....
The main legal point established in the judgment is that the court may grant anticipatory bail based on the lack of reasonable apprehension of the applicant influencing witnesses or tampering with ev....
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