TaxTMI 
TaxTMI 
2025 (6) TMI 1819
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....ate (in short the E.D.) against the petitioner and four others on November 22, 2019. After completion of investigation prosecution complaint was filed by the E.D. on November 21, 2024 under Section 3/4 of the Prevention of Money Laundering Act, 2002 (PMLA). Summons was issued upon the petitioner and others on November 26, 2024. The petitioner appeared before the Learned Court on April 16, 2025 and filed two petitions, one seeking bail and the other seeking release in terms of Section 91 of the BNSS. Bail prayer of the petitioner was turned down by the learned Court considering the nature and gravity of the offence and material in the complaint. The petitioner was taken into custody and is in custody since then. 2. Aggrieved by the said o....
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....s, cash and foreign currency were recovered from his two houses in Kolkata. In his statement recorded under Section 50 of the PMLA, the petitioner admitted his involvement in smuggling gold and receiving commission to the tune of Rs. 12 to 15 lakhs. He played the principal role in smuggling of gold from Bangladesh and is a habitual offender. 5. Learned counsel has submitted that the issue which fell for consideration before the Hon'ble Supreme Court in Tarsem Lal (supra) can be distinguished from the present case and the observation made therein cannot be said to be the ratio decidendi applicable herein. The Hon'ble Supreme Court, in paragraph 21 of the judgment, has spoken about the practice followed by the Special Courts under the PMLA....
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.... such person to execute a bond or bail bond for his appearance in such Court, or any other Court to which the case may be transferred for trial." 9. In other words, when any person appears before the Court pursuant to a summons or warrant, the Court may release him upon execution of a bond/bail bond for his appearance in such Court. The Hon'ble Supreme Court, in the authority in Tarsem Lal (supra), has observed as follows:- (a) If the accused was not arrested by the E.D. till filing of the complaint, while taking cognizance on a complaint under Section 44 (1) (b), as a normal rule, the Court should issue a summons to the accused and not a warrant. (b) If the accused appears before the Special Court pursuant to the summo....
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....ious allegations against the petitioner, the E.D. chose not to arrest him during investigation by invoking Section 19 of the Act. In such a situation, when the petitioner appeared before the learned Special Court in response to the summons issued upon him, the learned Special Court ought to have released him upon execution of bond under Section 91 of the BNSS. There was no scope for the learned Court to deal with the bail application on merits or turn down the same, moreso, since no application has been filed by the E.D. seeking custody of the petitioner for conducting further investigation of the case. 12. The authority in Serious Fraud Investigation Office (supra) deals with a situation where non-bailable warrant was issued since the a....