Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Anticipatory bail under the PMLA may be considered despite proclamation proceedings or a declaration as a Fugitive Economic Offender where service of summons was ineffective. The notes explain that repeated service at an Indian address, despite the investigating agency's knowledge that the accused resided abroad and without steps for overseas service, does not establish due service or bar bail. The PMLA twin conditions require an assessment on broad probabilities, not a detailed determination of guilt. Protection from arrest does not prevent recovery or investigation, as the accused is deemed in custody for discovery purposes. After a complaint is filed, custodial interrogation requires an application to the Special Court.
Anticipatory bail under the PMLA may be considered despite proclamation proceedings or a declaration as a Fugitive Economic Offender where service of summons was ineffective. The notes explain that repeated service at an Indian address, despite the investigating agency's knowledge that the accused resided abroad and without steps for overseas service, does not establish due service or bar bail. The PMLA twin conditions require an assessment on broad probabilities, not a detailed determination of guilt. Protection from arrest does not prevent recovery or investigation, as the accused is deemed in custody for discovery purposes. After a complaint is filed, custodial interrogation requires an application to the Special Court.
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