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...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
In a PMLA bail application, the dominant issue was whether the statutory "twin conditions" under s.45 could be treated as satisfied despite earlier rejection on merits, due to prolonged incarceration and no likelihood of early commencement or conclusion of trial in the ECIR or the predicate offence. Relying on SC precedent harmonizing constitutional guarantees with statutory restrictions, the court held that long custody and undue trial delay justified treating the applicant as meeting s.45 at this stage, and that the non-reoffending limb could be secured through stringent bail conditions; it also avoided any merits assessment to prevent prejudice. Bail was granted subject to conditions - HC
In a PMLA bail application, the dominant issue was whether the statutory "twin conditions" under s.45 could be treated as satisfied despite earlier rejection on merits, due to prolonged incarceration and no likelihood of early commencement or conclusion of trial in the ECIR or the predicate offence. Relying on SC precedent harmonizing constitutional guarantees with statutory restrictions, the court held that long custody and undue trial delay justified treating the applicant as meeting s.45 at this stage, and that the non-reoffending limb could be secured through stringent bail conditions; it also avoided any merits assessment to prevent prejudice. Bail was granted subject to conditions - HC
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