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Issues: Whether the benefit of Section 167(2) of the Code of Criminal Procedure, 1973 applies to proceedings under the Prevention of Money Laundering Act, 2002, and whether the appellant was entitled to statutory bail on failure to file a complaint within the prescribed period.
Analysis: Section 4(2) of the Code of Criminal Procedure, 1973 makes the criminal procedure applicable to special statutes unless expressly excluded. The Prevention of Money Laundering Act, 2002 contains no exclusion of the Code; rather, Sections 44 to 46 expressly incorporate criminal procedure, and Section 65 specifically provides that the Code applies to arrest, search and seizure, attachment, confiscation, investigation, prosecution and all other proceedings under the Act, so far as they are not inconsistent. On that construction, the provision for statutory bail under Section 167(2) is available in PMLA proceedings. Since no complaint had been filed within 60 days from the date of custody, the appellant satisfied the condition for release on statutory bail.
Conclusion: Section 167(2) of the Code of Criminal Procedure, 1973 applies to proceedings under the Prevention of Money Laundering Act, 2002, and the appellant was entitled to statutory bail.
Ratio Decidendi: In the absence of an express exclusion, the procedure in the Code of Criminal Procedure applies to special statutes, and where the special statute itself incorporates the Code, the right to statutory bail under Section 167(2) is available if the complaint is not filed within the prescribed period.
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