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Issues: Whether the applicant was entitled to bail under Section 45 of the Prevention of Money Laundering Act, 2002 in view of the alleged proceeds of crime and the statutory twin conditions.
Analysis: The complaint alleged a larger conspiracy and projected the total proceeds of crime as more than Rs. 1 crore, but the material against the applicant showed only an asserted transfer of Rs. 5,000/- in the account of a co-accused and no other transaction in the applicant's account. On that basis, the Court found that the alleged role of the applicant did not establish dealing with proceeds of crime amounting to Rs. 1,36,14,291/-. The Court also took into account the contention that the twin conditions under Section 45 were not attracted because the proceeds of crime allegedly dealt with were below the statutory threshold, along with the applicant's custody in the predicate case and absence of likelihood of further offending.
Conclusion: The applicant was held entitled to bail; the application was allowed.