The Supreme Court observed that, once the prayer for anticipatory bail is made in connection with an offence under the Prevention of Money Laundering Act, the underlying principles and rigours of Section 45 PMLA Act must get triggered although the application is under Section 438 of the Code of Criminal Procedure, 1973.
Factual Background
The Bench comprising of Justices AM Khanwilkar and CT Ravikumar noted that the High Court considered the matter as if it was dealing with prayer for anticipatory bail in connection with an ordinary offence under the Indian Penal Code.
Observation of the Court
It is the duty of the Court to examine the jurisdictional facts including the mandate of Section 45 of the PMLA Act, which must be kept in mind, the bench observed while setting aside an order passed by the High Court of Telangana by which it granted anticipatory bail to an accused in connection with the offence concerning the Prevention of Money Laundering Act.
“Indeed the offence under the PMLA Act is dependent on the predicate offence which would be under ordinary law, including provisions of the Indian Penal Code. That does not mean that while considering the prayer for grant of anticipatory bail in connection with PMLA offence, the mandate of Section 45 of the PMLA Act would not come into play”, the Court observed.
While setting aside the order, the bench neglected the parties before the High Court for reconsideration of the petition seeking anticipatory bail afresh.
Case Details
Before: Supreme Court
Case Title: Ass. Directorate Enforcement Directorate v. Dr.VC Mohan
Coram: Hon’ble Mr. Justices AM Khanwilkar and CT Ravikumar
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