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    <title>2017 (11) TMI 1336 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=351457</link>
    <description>Section 45(1) of the Prevention of Money Laundering Act imposed twin bail conditions that linked release on bail to the existence and punishment of a separate scheduled offence, rather than to the money-laundering offence itself. That classification lacked a rational connection with the Act&#039;s object of addressing money-laundering and proceeds of crime, and it produced unequal and anomalous treatment, including inconsistent treatment of anticipatory bail and regular bail. The provision also reversed the ordinary presumption of innocence by requiring the accused to show reasonable grounds for believing he was not guilty. For these reasons, the twin conditions were held unconstitutional as manifestly arbitrary, discriminatory, and incompatible with Articles 14 and 21.</description>
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    <pubDate>Thu, 23 Nov 2017 00:00:00 +0530</pubDate>
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      <title>2017 (11) TMI 1336 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=351457</link>
      <description>Section 45(1) of the Prevention of Money Laundering Act imposed twin bail conditions that linked release on bail to the existence and punishment of a separate scheduled offence, rather than to the money-laundering offence itself. That classification lacked a rational connection with the Act&#039;s object of addressing money-laundering and proceeds of crime, and it produced unequal and anomalous treatment, including inconsistent treatment of anticipatory bail and regular bail. The provision also reversed the ordinary presumption of innocence by requiring the accused to show reasonable grounds for believing he was not guilty. For these reasons, the twin conditions were held unconstitutional as manifestly arbitrary, discriminatory, and incompatible with Articles 14 and 21.</description>
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      <law>Money Laundering</law>
      <pubDate>Thu, 23 Nov 2017 00:00:00 +0530</pubDate>
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