Refund claim dismissed as time-barred under s.142(5); non-obstante clause read restrictively, merits not decided, self-assessment payments not mere de...
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The HC denied that the twin conditions of Section 45(1)(ii) of the PMLA were satisfied, finding prima facie materials indicating the petitioner's involvement in money-laundering and receipt of proceeds of crime, and reasonable grounds to believe guilt and potential risk if released. However, balancing the petitioner's statutory right to a speedy trial against prolonged pretrial custody-where trial is projected to be protracted (37 prosecution witnesses; 59 documents; 7,801 pages) and the petitioner has been detained since 21.06.2024- the HC ordered conditional bail. The petitioner is released on bail subject to compliance with conditions under Section 437(3) Cr.P.C./Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita.
The HC denied that the twin conditions of Section 45(1)(ii) of the PMLA were satisfied, finding prima facie materials indicating the petitioner's involvement in money-laundering and receipt of proceeds of crime, and reasonable grounds to believe guilt and potential risk if released. However, balancing the petitioner's statutory right to a speedy trial against prolonged pretrial custody-where trial is projected to be protracted (37 prosecution witnesses; 59 documents; 7,801 pages) and the petitioner has been detained since 21.06.2024- the HC ordered conditional bail. The petitioner is released on bail subject to compliance with conditions under Section 437(3) Cr.P.C./Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita.
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