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VISHAL DHAGAT
Pushpendra Singh – Appellant
Versus
Director of Enforcement – Respondent
ORDER
1. This is the first bail application filed by applicant under section 439 of Cr.P.C. (Now section 483 of the Bhartiya Nagrik Surksha Sanhita, 2023) for grant of regular bail relating to FIR/ECIR No. ECIR/AMZO/17/2020, registered at Directorate of Enforcement, Bhopal, District Bhopal (M.P.) for the offence under sections 3, 4 and 70 of Prevention of Money Laundering Act, 2002.
2. As per prosecution story, FIR was registered on 7.4.2017 by Central Bureau Investigation, on the basis of complainant made by one Surendranath Sahoo, Deputy General Manager of Canara Bank. Case was registered against K.D. Dubey, Branch Manager, Canara Bank, SME Branch, Jabalpur and M/s Jagdamba AMW Automatives Pvt. Ltd. (JAAPL) and other Directors. It is alleged that there was wrongful sanction of 50 loans. Loan amount was availed but vehicles were not delivered to the borrowers and money was used elsewhere by accused persons. Allegations are made that an amount about Rs.14.93/- crores public money of bank was misappropriated by cheating and forgery. Applicant was granted anticipatory bail on 7.7.2020 in M.Cr.C. No.6644/2020. Thereafter applicant co-operated in investigation. Charge sheet was filed o
The court held that the applicant failed to satisfy the twin conditions for bail under Section 45 of the PMLA, 2002, due to the serious nature of the allegations and the evidence presented.
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 established that non-compliance with the mandatory requirements of Section 19 of the PMLA regarding informing the accused of the grounds for arrest and the court's duty to record reasons fo....
Compliance with Section 19 of PMLA and satisfaction of twin conditions under Section 45 of PMLA are crucial for determining the validity of arrest and granting bail.
The court upheld the legality of the arrest under the Prevention of Money Laundering Act, confirming compliance with statutory requirements, including timely communication of grounds for arrest.
The main legal point established in the judgment is the need for strict compliance with the mandatory provisions of the Prevention of Money Laundering Act (PMLA) in the arrest and bail application pr....
The necessity of providing documented 'reasons to believe' at the time of arrest under Section 19 of PMLA is a statutory requirement that must be adhered to for the arrest to be lawful.
The court upheld that arrest under the Prevention of Money Laundering Act was lawful as procedural requirements of Section 19 were sufficiently met, emphasizing limits of judicial review on subjectiv....
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