PMLA bail requires twin-condition scrutiny on broad probabilities, and prima facie involvement in proceeds-of-crime activity can defeat release.

In bail matters under the Prevention of Money Laundering Act, 2002, Section 45 requires the court to be satisfied that there are reasonable grounds to believe the accused is not guilty and is not likely to reoffend while on bail. The Delhi HC noted that the offence under Section 3 has wide amplitude and covers any process or activity connected with proceeds of crime. At the bail stage, the court need not conduct a mini trial and may assess the material on broad probabilities. On the record, statements under Section 50 and other material indicated active involvement in the excise policy process and connected activities, so the bail application was rejected.

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Issues: Whether the petitioner was entitled to bail in a prosecution under the Prevention of Money Laundering Act, 2002.

Analysis: The statutory framework under Section 45 of the Prevention of Money Laundering Act, 2002 requires the court, when bail is opposed, to be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and is not likely to commit any offence while on bail. The Court held that the offence under Section 3 of the Act has a wide amplitude and covers any process or activity connected with proceeds of crime. At the bail stage, the court is not to conduct a mini trial but must assess the material on broad probabilities. The record contained statements under Section 50 of the Act and other material suggesting the petitioner's active involvement in the formulation and implementation of the excise policy and in activities connected with the alleged proceeds of crime. The Court found the allegations serious and the trial court's order reasoned and in accordance with law.

Conclusion: The petitioner was not found entitled to bail and the application was rejected.

Ratio Decidendi: In a bail application under the Prevention of Money Laundering Act, 2002, the court must apply the twin conditions under Section 45 on a broad-probabilities assessment of the material, and bail cannot be granted where the record prima facie indicates involvement in a process or activity connected with proceeds of crime.

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