Anticipatory bail under money-laundering law granted where the scheduled offence no longer survived.

Anticipatory bail under the Prevention of Money Laundering Act, 2002 was considered on the basis that a money-laundering prosecution must rest on a live scheduled offence and cannot proceed on a purely notional footing. The text notes reliance on the principle that, where the scheduled offence has failed and the accused has been finally discharged or acquitted, the foundation for proceedings under the money-laundering law does not survive. Applying that approach to the facts, the applicant was found entitled to protection from arrest, and anticipatory bail was granted subject to conditions.

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

Analysis: The application was considered in the light of the settled position that an offence under the money-laundering law is linked to criminal activity relating to a scheduled offence and that prosecution under the Act cannot proceed on a notional basis. Reliance was placed on the Supreme Court's exposition that where the scheduled offence has failed and the accused has been finally discharged or acquitted, the foundation for proceeding under the money-laundering law does not survive. On the facts placed before the Court, the applicant was found entitled to protection from arrest.

Conclusion: The anticipatory bail application was allowed and the applicant was granted anticipatory bail subject to the stated conditions.

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