Reasonable Cause for Late Return: penalty under section 271(1)(c) unsustainable where disclosure, audit filing and voluntary offer showed no concealme...
Proceeds of crime and property equivalent in value: failure to explain lawful source sustains attachment; lack of required notice can vitiate confirma...
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Continued detention in a PMLA matter was found unjustified after investigation was completed and the prosecution complaint had been filed, because custodial interrogation was no longer required. The High Court also noted that the ECIR arose from the predicate offence, in which bail had already been granted by the Supreme Court, and that the applicant had remained in custody for a substantial period without material showing risk of absconding, tampering with evidence, or influencing witnesses. Reading Section 45 in line with Arvind Walia, the Court held that the twin conditions were satisfied on the facts and granted regular bail subject to conditions.
Continued detention in a PMLA matter was found unjustified after investigation was completed and the prosecution complaint had been filed, because custodial interrogation was no longer required. The High Court also noted that the ECIR arose from the predicate offence, in which bail had already been granted by the Supreme Court, and that the applicant had remained in custody for a substantial period without material showing risk of absconding, tampering with evidence, or influencing witnesses. Reading Section 45 in line with Arvind Walia, the Court held that the twin conditions were satisfied on the facts and granted regular bail subject to conditions.
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