Mandatory bail conditions under the money-laundering law override general criminal procedure and must be satisfied before release.

Section 45 of the Prevention of Money Laundering Act requires compliance with its mandatory twin conditions before bail can be granted: the Public Prosecutor must be given an opportunity to oppose the application, and the court must be satisfied that there are reasonable grounds to believe the is not guilty and is not likely to commit an offence while on bail. Sections 65 and 71 give the special statute overriding effect, so the general bail power under the Code of Criminal Procedure applies only if consistent with the Act. Bail granted without satisfying Section 45 was therefore unsustainable, and the release order was set aside.

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Issues: Whether bail could be granted under Section 439 of the Code of Criminal Procedure, 1973 without complying with the mandatory twin conditions under Section 45 of the Prevention of Money Laundering Act, 2002, and whether the special statute had overriding effect over the general bail provision.

Analysis: Section 45 of the Prevention of Money Laundering Act, 2002 begins with a non obstante clause and prescribes two mandatory conditions before bail can be granted in offences covered by the provision: opportunity to the Public Prosecutor to oppose the bail application, and satisfaction of the Court that there are reasonable grounds for believing that the accused is not guilty and is not likely to commit an offence while on bail. Those conditions are reinforced by Sections 65 and 71 of the Act, which give the special statute overriding effect and make the general provisions of the Code of Criminal Procedure applicable only to the extent they are not inconsistent with the Act. The statutory presumption under Section 24 also supports the burden framework under the special law. In the facts, the High Court granted bail without complying with the requirements of Section 45.

Conclusion: Bail could not be granted without compliance with Section 45 of the Prevention of Money Laundering Act, 2002, and the impugned order granting bail was unsustainable.

Final Conclusion: The special bail conditions under the money-laundering law controlled the matter, and the order releasing the respondents was set aside.

Ratio Decidendi: Where a special statute expressly imposes mandatory bail conditions with overriding effect, those conditions must be satisfied before bail can be granted, even when the application is considered under the general criminal procedure law.

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