Proceeds of crime and money laundering: PMLA prosecution requires subsisting predicate offence; discharge of predicate accused precludes further prose...
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Custodial statements recorded under Section 50 PMLA were treated as unreliable against the applicants because they were self-incriminatory statements recorded after arrest by the same investigating agency. The Court also found that the ED had not prima facie established the foundational facts needed to connect the alleged transactions with identifiable proceeds of crime or the predicate offence, making the Section 23 and 24 presumptions inapplicable at the bail stage. Selective arrest and prolonged pre-trial incarceration exceeding two years, with no realistic trial timeline, further weighed against continued detention. On these grounds, the Court held that the applicants satisfied the twin bail conditions under Section 45 PMLA and granted regular bail.
Custodial statements recorded under Section 50 PMLA were treated as unreliable against the applicants because they were self-incriminatory statements recorded after arrest by the same investigating agency. The Court also found that the ED had not prima facie established the foundational facts needed to connect the alleged transactions with identifiable proceeds of crime or the predicate offence, making the Section 23 and 24 presumptions inapplicable at the bail stage. Selective arrest and prolonged pre-trial incarceration exceeding two years, with no realistic trial timeline, further weighed against continued detention. On these grounds, the Court held that the applicants satisfied the twin bail conditions under Section 45 PMLA and granted regular bail.
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