Exemption from personal appearance under CrPC Section 205 remains maintainable in PMLA proceedings, subject to judicial discretion.

An application for exemption from personal appearance under Section 205 CrPC was held maintainable in a prosecution under the Prevention of Money Laundering Act, 2002, and the bar in Section 45 of that Act was held not to control such a request. The trial court was required to exercise Section 205 discretion cautiously on the basis of sufficient and cogent reasons showing the accused's inability to attend, and to decide the request on its own merits in accordance with law. The order rejecting exemption was therefore held unsustainable, set aside, and the matter remanded for fresh consideration of the Section 205 application.

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Issues: Whether an application for exemption from personal appearance under Section 205 of the Code of Criminal Procedure, 1973 is maintainable in a prosecution under the Prevention of Money Laundering Act, 2002 and whether rejection of such application by invoking Section 45 of that Act is sustainable.

Analysis: The application under Section 205 of the Code of Criminal Procedure, 1973 was held to be maintainable even in a proceeding under the Prevention of Money Laundering Act, 2002. The bar under Section 45 of that Act was held not to govern an for exemption from personal appearance. The Court further held that the discretion under Section 205 must be exercised cautiously and on the basis of sufficient and cogent reasons shown by the accused for inability to attend the trial court, and the trial court must decide such request on its own merits in accordance with law.

Conclusion: The rejection order was held unsustainable and was set aside. The matter was remanded to the trial court for fresh consideration of the Section 205 application in accordance with law.

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