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Issues: Whether the petitioner is entitled to grant of regular bail in ECIR No. 06 of 2023 under the Prevention of Money Laundering Act, 2002 having regard to the mandatory conditions for bail under Section 45 of the Act and the material on record.
Analysis: The legal framework comprises the definition and scope of proceeds of crime, the offence of money-laundering, the statutory presumption regarding proceeds of crime and the mandatory twin conditions for bail under Section 45 of the Prevention of Money Laundering Act, 2002 as construed by the Supreme Court in Vijay Madanlal Choudhary and subsequent authorities. The material relied upon by the prosecuting agency includes seizure of 17 original government registers and 11 trunks of documents from the petitioner's custody, examination under the relevant evidentiary provision, alleged tampering and forgery of revenue records, corroborative entries in co-accused diaries and recovered communications showing cash payments to the petitioner, and investigative surveys confirming possession of disputed land. The petitioner's defences - that the records were kept for security, that seized cash and jewellery are explainable by familial needs and legitimate income, and that some co-accused have obtained bail - were considered in light of the evidentiary materials and settled principles on parity. The statutory presumption places on the petitioner the burden to show that proceeds of crime are not involved; the Court must be satisfied on reasonable grounds that the accused is not guilty and not likely to reoffend or interfere with the process of justice. The record prima facie shows the petitioner, a public servant and custodian of land records, allegedly provided illegal access to and tampered with official records, received illicit payments and occupied a central role in the syndicate, distinguishing his position from co-accused who were granted bail. The period of incarceration alone was held not to supplant the statutory bail conditions for grave economic offences.
Conclusion: The petitioner has not discharged the burden required to satisfy the mandatory twin conditions for bail under Section 45 of the Prevention of Money Laundering Act, 2002; the bail application is rejected and the relief sought is refused. Decision in favour of the respondent.
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