Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
PMLA bail requires satisfaction of the twin conditions that there are reasonable grounds to believe the accused is not guilty and will not commit any offence while on bail. On the investigation material, including statements, email and WhatsApp communications, supporting agreements and alleged bank guarantee documentation, the Court found a prima facie case and could not disregard the prosecution version at the bail stage. The accused's claims of lack of knowledge, official capacity, prior complaint and absence of proceeds of crime were treated as trial issues. Regular and interim bail were refused because the statutory conditions were not met.
PMLA bail requires satisfaction of the twin conditions that there are reasonable grounds to believe the accused is not guilty and will not commit any offence while on bail. On the investigation material, including statements, email and WhatsApp communications, supporting agreements and alleged bank guarantee documentation, the Court found a prima facie case and could not disregard the prosecution version at the bail stage. The accused's claims of lack of knowledge, official capacity, prior complaint and absence of proceeds of crime were treated as trial issues. Regular and interim bail were refused because the statutory conditions were not met.
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