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Ajay Kumar S/O Chandraprakash Baheti vs Directorate Of Enforcement Thr. The ... on 28 January, 2022
cites
The Prevention of Money-Laundering Act, 2002
The Amending Act, 1897
Section 4 in The Prevention of Money-Laundering Act, 2002 [Entire Act]
Nikesh Tarachand Shah vs Union Of India on 23 November, 2017
accused canvassed that rigor of complying duel conditions
incorporated in section 45(1)(ii) of the PML Act would
not apply in view of the decision of the Supreme Court in
::: Uploaded on - 29/01/2022 ::: Downloaded on - 30/01/2022 03:19:52 :::
(3) criaba1149.21
the case of Nikesh Shah (supra). It is the contention
that the Supreme Court has declared section 45(1) of the
PML Act unconstitutional to the extent of twin conditions
incorporated therein for grant of bail. The said
submission appears to have been countered by the
prosecution stating that due to subsequent amendment
introduced vide Act No.13 of 2018, the twin conditions
have been revived and therefore the statutory mandate
would apply while considering the bail application.