https://www.taxtmi.com/caselaws?id=344466 Section 45 of the Prevention of Money Laundering Act, 2002 imposes mandatory bail restrictions through a non obstante clause for offences covered by Part A of the Schedule, and those restrictions operate alongside the Act's overriding provisions in Sections 65 and 71. The statutory presumption under Section 24 treats proceeds of crime as involved in money laundering unless rebutted, and that burden remains relevant at the bail stage. The Gujarat High Court note explains that these special conditions apply even when bail is sought under Section 439 CrPC, so an accused cannot avoid the statutory presumption by arguing that proceeds of crime are not yet established. Pending investigation and prosecution material were considered sufficient to prevent satisfaction of the Section 45 test at that stage. en-us Mon, 12 Jun 2017 00:00:00 +0530 Thu, 10 Aug 2017 17:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=344466 Section 45 of the Prevention of Money Laundering Act, 2002 imposes mandatory bail restrictions through a non obstante clause for offences covered by Part A of the Schedule, and those restrictions operate alongside the Act's overriding provisions in Sections 65 and 71. The statutory presumption under Section 24 treats proceeds of crime as involved in money laundering unless rebutted, and that burden remains relevant at the bail stage. The Gujarat High Court note explains that these special conditions apply even when bail is sought under Section 439 CrPC, so an accused cannot avoid the statutory presumption by arguing that proceeds of crime are not yet established. Pending investigation and prosecution material were considered sufficient to prevent satisfaction of the Section 45 test at that stage. Case-Laws Money Laundering Mon, 12 Jun 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=344466