| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | 2002 (PMLA) - Proceedings u/s. 24 of Securities and Exchange Board of India Act Bail - Prosecution u/s. 4 of Prevention of Money Laundering Act 1992 (SEBI Act) pending - Bail application u/s. 439 Cr.P. C. - |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Dismissed |
| Headnote | Bail — Prosecution u/s. 4 of Prevention of Money Laundering Act, 2002 (PMLA) — Proceedings u/s. 24 of Securities and Exchange Board of India Act, 1992 (SEBI Act) pending — Bail application u/s. 439 CrP.C. — Rejected by High Court on the ground that there was no order holding that no offence was made out u/s. 24 against the applicant — Held: In view of s. 5 of Cr.P.C. and non-obstante clause of s. 45 of PMLA, PMLA being a special statute will prevail over the general provisions of Cr.P.C. in case of any conflict — The conditions for grant of bail enumerated in s. 45 of PMLA have overriding effect on the provisions of s. 439 Cr.P.C.— u/ s. 24 of SEBI Act, unless the contrary is proved the Authority/ Court shall presume that proceeds of crime are involved in money laundering — In the facts and circumstances of the case, High Court rightly refused the bail — Code of Criminal Procedure, 1973— s. 439— Prevention of Money Laundering Act, 2002 — s. 4- Securities and Exchange Board of India Act, 2002 —-s. 24. |
| Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
| Neutral Citation | 2015 INSC 939 |
| Petitioner | Gautam Kundu |
| Respondent | Manoj Kumar Assistant Director, Eastern Region, Directorate Of Enforcement(prevention Of Money Laundering Act) Govt. Of India |
| SCR | [2015] 15 S.C.R. 499 |
| Judgement Date | 2015-12-16 |
| Case Number | 1706 |
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