SUPREME COURT
Unknown, J
Union of India v. Varinder Singh Alias Raja and Another
| Table of Content |
|---|
| 1. court's observations on the binding nature of pmla provisions. (Para 1 , 2) |
| 2. final decision to allow the appeal and overturn the bail. (Para 3) |
1. Leave granted. Heard the learned counsel for the parties.
2. The High Court1 has not complied with the requirement of S.45 of the Prevention of Money - Laundering Act, 2002 (in short “the PMLA”). While granting bail, the High Court has failed to comply with the requirement of Condition (ii) of S.45 of the PMLA. This Court in Gautam Kundu v. Directorate of Enforcement ( 2015 (16) SCC 1 : 2016 (3) SCC (Cri) 603 ) has laid down thus: (SCC pp. 13-16, paras 26-30 & 34)
“26. The learned Solicitor General submitted that S.45 of PMLA refers only to the term “Special Court” and therefore has to be given restricted meaning. According to him, PMLA is a “Special Law” applicable to the subject of money - laundering, and deals with economic offenders and white - collar criminals. The object of PMLA is to prevent money laundering and to provide for confiscation of property derived from, or involved in, money - laundering. To enable the scheme of the Act, reliance was placed on various provisions of the PMLA. He further submitted that
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