Strict PMLA bail conditions bar anticipatory bail where prima facie money-laundering involvement is shown.

Anticipatory bail under the Prevention of Money Laundering Act, 2002 was treated as subject to the stringent bail framework in Section 45, which makes the offence cognizable and non-bailable and requires satisfaction of the twin conditions before release. The Court noted that anticipatory bail under Section 438 CrPC is an extraordinary remedy, to be used sparingly in economic offences, and that the general rule of bail does not apply in such cases. On the material alleging participation in the purchase and sale of fake Remdesivir injections and generation of proceeds of crime, anticipatory bail was declined because the statutory conditions were not satisfied and prima facie money-laundering involvement was indicated.

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Issues: Whether anticipatory bail should be granted in a prosecution under the Prevention of Money Laundering Act, 2002 in view of the rigour of the statutory bail conditions and the alleged involvement of the applicant in proceeds of crime.

Analysis: The application arose from allegations that the applicant participated in the purchase and sale of fake Remdesivir injections and thereby generated proceeds of crime linked to a scheduled offence. The Court applied the statutory scheme of Section 45 of the Prevention of Money Laundering Act, 2002, which makes the offence cognizable and non-bailable and requires satisfaction of the twin conditions before bail can be granted. It was held that the general rule of bail does not apply in such cases, and that anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 is an extraordinary remedy to be used sparingly, particularly in economic offences.

Conclusion: Anticipatory bail was declined because the statutory conditions under Section 45 of the Prevention of Money Laundering Act, 2002 were not satisfied and the material on record indicated prima facie involvement in money-laundering activity.

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