2025 (5) TMI 1693

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....024, dated (not mentioned) registered at Enforcement Directorate, Sub-Zonal Office, District-Indore for the offence under Section 420, 467, 468, 471, 120-B and 34 of IPC, 1860. 3. The allegations against the applicant is that of involvement in money laundering to the tune of Rs. 18.00 crores. 4. Learned Senior counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case only on the basis of memo of co-accused persons recorded under Section 27 of Evidence Act. This ECIR has been registered on the basis of earlier 5 cases registered against the applicant. As per final report of crime Nos.147, 148 and 149 of 2024 the applicant has not been made accused. In crime Nos.134/2024 and 156/202....

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....he crime are still in the possession of the applicant. Section 45 of the Prevention of Money Laundering Act, 2002 specifically provides the nature of offence under PMLA and the twin conditions under this section are mandatory. Under these conditions, counsel for the complainant has prays for rejection of the application by submitting that the applicant is not entitled to be released on anticipatory bail. 6. In reply learned Senior Counsel submitted that out of the total amount of Rs. 18.00 crores Rs. 1,18,57,358/- has been deposited by the applicant before the trial Court. It is further submitted that applicant has filed reply to the show cause notice and only under apprehension of Section 19 of Prevention of Money Laundering Act, 2002 (he....

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....rects: Provided further that the Special Court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by- (i) the Director; or (ii) any officer of the Central Government or a State Government authorised in writing in this behalf by the Central Government by a general or special order made in this behalf by that Government." 9. In the case at hand, it is remonstrated by learned Dy. Solicitor General that the investigation pertains to applicant is still going on as he is still dealing with proceeds of crime, hence, in light of Section 45 of PMLA, applicant cannot be benefited for grant of anticipatory bail. 10. Learned counsel for the petitioner relying upon the judgment of Hon'....