Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.439 - Bail application filed under s.439 r/w s.45 of PML Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973: s.439 - Bail application filed under s.439 rlw s.45 of PML Act - Allegation was that appellant-ac¢used conspired with a bank manager and a CA to earn huge profit by converting black money in the form of old currency notes into new currency notes and made illegal earnings - Prosecution under s.45 for commission of offence under ss.3 and 4 of P ML Act as a sequel to FIR which was registered under ss.420, 406, 409, 46~. 471, 188 and 1208 !PC - Prayer for bail rejected by Sessions judge and then by High Court - Second bail application filed before High Court - Along with that, appellant filed an application seeking direction for his interim release on assertion that his mother was seriously ill and required immediate .medical attention - The said interim release application was allowed noting; that the appellant never evaded the investigation; the period of 7 months of incarceration; illness of his mother; and absence of definite reasons assigned by counsel to substantiate allegation that appellant would tamper with evidence especially when charge sheet in the main case had been submitted - However, regular second bail application was dismissed as withdrawn - In the instant appeal, challenge is to the rejection of first bail application filed before High Court - Plea was that the reasons which weighed while directing interim release would apply proprio vigore for considering regular bail - Held: The observations made while allowing interim release would have no bearing on merits of the controversy - The appellant has not succeeded in persuading about the in applicability of the threshold stipulation under s.45 of the Act - Prosecution based its ca$e on the evidence of 26 witnesses - The same made out a convincing case about involvement of appellant in commission of serious offence of money laundering - Thus, there were reasonable grounds for believing that the appellant was guilty of such offence Also appellant was reluctant in disclosing source from where such huge value of demonetise currency and new currency was acquiredby him - The volume of demonetised currency recovered from theoffice and residential premises of appellant, including the bankdrafts in favour of fictitious persons and also new currency notesfor huge amount, leave no manner of doubt that it was the outcome of some activity connected with the proceeds of crime projectingthe property as untainted property - Np case made out forinterference with the order of High Court rejecting the prayer forgrant of regular bail to the appellant - Prevention of MoneyLaundering Act, 2002 - ss.3 and 4. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 1096 |
Petitioner | Rohit Tandon |
Respondent | The Enforcement Directorate |
SCR | [2017] 13 S.C.R. 156 |
Judgement Date | 2017-11-10 |
Case Number | 1878-1879 |
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