This will strengthen the hands of the ED in pursuing cases relating to money laundering.
The court has further held that at the prima facie stage, the duty of the court is not to weigh the evidence meticulously, but to arrive at a finding on the basis of broad probabilities. This would mean that even for anticipatory bail, the public prosecutor has to be heard. Therefore, the threshold for bail as well as anticipatory bail would have to go through the twin tests as prescribed in the new amendment. Gauri Rasgotra, partner & head-Delhi at Cyril Amarchand Mangaldas said, “On the issue of bail, the court has completely given a go-by to the earlier judgment of the Supreme Court, which had clearly declared the twin conditions for bail to be unconstitutional being violative of Article 14 and Article 21 of the Constitution. However, should there be arrests made in the course of the investigations, securing bail would be an uphill task, as the Supreme Court has upheld the re-instatement of the stringent tests to secure bail provided for under the PMLA.", said Anuj Berry, partner, disputes and white-collar crime practice at Trilegal. The judgment clarifies that if the principal criminal case falls, there can be no prosecution for money laundering. “The judgment provides much-needed clarity on prosecution under the PMLA, by linking it to the principal criminal activity which led to the initiation of prosecution under the PMLA. It comes after more than 200 petitions challenged the constitutionality of several provisions of the PMLA. Choose your background, 2 Decorate your card with cliparts, stickers, emojies and borders, 3. They are not just images, but custom designed cards with beautiful text messages or create your own customized card in 3 simple steps. The ruling has set a precedent to how ED and other probe agencies are allowed to act in any current or future cases. Simple and easy to use Love Greeting Card maker app, allows you to pick ready cards from a variety of high quality cards. The judgement bears importance since it dealt with issues relating to investigatory powers, calling witnesses, arrests and seizures performed by the ED and the PMLA bail process. However, the person, when presented in the Special Court, can ask for records to see if continued imprisonment is necessary.
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