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S. K. PANIGRAHI
Mahammed Naseer – Appellant
Versus
Assistant Director, Enforcement Directorate, Government of India, Kolkata – Respondent
JUDGMENT
Dr. S.K. Panigrahi, J.
ECIR No. | Dated | Sub-Zone | Case No. and Courts' Name | Sections |
07 | 18.11.2009 | Bhubaneswar | PMLA Case No.47 of 2017 pending in the court of learned Special Judge, C.B.I., Bhubaneswar | Sections 406/ 420/ 468/ 471/ 34 of the I,.P.C. and Sections 4, 5 and 6 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. |
1. This application is arising out of PMLA Case No.47 of 2017 arising out of ECIR No.7 of 2009, pending before the Special Judge, C.B.I., Bhubaneswar wherein the petitioner has been implicated and charge sheeted for commission of alleged offences punishable U/s.3 of the Prevention of Money Laundering Act, 2002, in connection with CBI EOW P.S. Case No. PMLA Case No.47 of 2017 arising out of ECIR No.7 of 2009.
I. Factual Matrix of the Case:
2. The prosecution case as alleged in nutshell is that one Niranjan Sahu lodged the FIR alleging that in the month of September he deposited a sum of Rs.10,000/- in M/s. Fine Indi Sales Pvt. Ltd., Kanpur (herein after referred to as M/s. FIPL) in their Multi Level Marketing Scheme (herein after referred to as MLM Scheme) towards product booking. One Somnath Panda had introduced the informant about the process
Bail – Court is only required to look at prima facie case and is not required to look into test of guilt – It is required to maintain delicate balance between judgment of acquittal and conviction and....
The central legal point established in the judgment is the necessity of the existence of proceeds of crime for the commission of an offence of money laundering under the Prevention of Money Launderin....
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 twin conditions under Section 45 of PMLA must be satisfied before granting bail in a money laundering case, and the accused's involvement ....
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....
Order granting bail must demonstrate application of mind as to why applicant has been granted or denied privilege of bail.
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