Anticipatory bail in money laundering cases may be refused where Section 45 restrictions and prima facie links to proceeds of crime exist.
Anticipatory bail under the Prevention of Money Laundering Act, 2002 is addressed in light of Section 45's statutory restrictions. The text notes that alleged substantial deposits and fixed deposits disproportionate to known income may support a prima facie link to proceeds of crime, and that the Section 45 bar applies unless the case falls within the proviso for women, minors, sick or infirm persons, or where the amount involved is below the prescribed threshold. On the material discussed, it was considered premature to conclude that the applicant was uninvolved in the alleged laundering activity, and the application was rejected.
Issues: Whether anticipatory bail should be granted to a person accused of offences under the Prevention of Money Laundering Act, 2002 in the face of the statutory restrictions under Section 45 and the allegations of possession and diversion of proceeds of crime.
Analysis: The application was considered in the context of allegations that the applicant had substantial deposits and fixed deposits disproportionate to known sources of income and that such assets could be linked to proceeds of crime generated through the underlying laundering activity. The statutory bar under Section 45 was treated as applicable, and the case was held not to fall within the proviso for women, minors, sick or infirm persons, or where the amount involved is below the prescribed threshold. On the material noted, it was considered too early to hold that the applicant was not involved in the alleged laundering activity.
Conclusion: Anticipatory bail was not granted, and the application was rejected.
Ratio Decidendi: In a prosecution under the Prevention of Money Laundering Act, 2002, anticipatory bail can be refused where the statutory conditions under Section 45 apply and the record discloses a prima facie link between the accused and proceeds of crime exceeding the statutory threshold.
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