Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Regular bail under the PMLA was considered on whether continued custody was necessary and proportionate despite Section 45 rigour. The court held that non-issuance of Section 50 summons, though not a statutory precondition to arrest, is a substantive safeguard; its omission, coupled with a largely document/digital investigation with statements and seizures already secured, undercut any demonstrated need for custodial interrogation, making further incarceration disproportionate. The court also treated selective arrest and parity as relevant: similarly or more culpable co-accused were on bail and no distinguishing features were shown to justify unequal treatment. Applying Article 21, bail was granted with stringent conditions. - HC
Regular bail under the PMLA was considered on whether continued custody was necessary and proportionate despite Section 45 rigour. The court held that non-issuance of Section 50 summons, though not a statutory precondition to arrest, is a substantive safeguard; its omission, coupled with a largely document/digital investigation with statements and seizures already secured, undercut any demonstrated need for custodial interrogation, making further incarceration disproportionate. The court also treated selective arrest and parity as relevant: similarly or more culpable co-accused were on bail and no distinguishing features were shown to justify unequal treatment. Applying Article 21, bail was granted with stringent conditions. - HC
Note: It is a system-generated summary and is for quick reference only.