Vishwat Sen
Ranchi : According to the promise made by the government in the United Nations in India, the countries coming through hawala The Prevention of Money Laundering Act or Prevention of Money Laundering Act (PML Act) was enacted to prevent money coming in, illegally earned property and efforts to legalize money and even terror funding. When this law was made and for this the Directorate of Enforcement (ED), an autonomous institution, was formed, about No one was even aware of it for years. PML during these 43 years The Act was also amended twice, but the last time when after the amendment of the year , the ED was allowed by the government. The powers given by the government and when the scope of investigation increased, the citizens started saying that such and such government has started attacking corruption. But, the reality is that ED never investigates against corruption. For this www.prabhatkhabar.in had a special conversation with Jharkhand High Court lawyer Alok Anand. Till now you have read its five episodes. Presenting the sixth and last episode of the special conversation…
Question : We also want to know that if any person who is under investigation in the case of money laundering How can he defend himself or how will he get bail?
Alok Anand : See what happens in normal police cases, the offenses are of two types, bailable and non is bailable. An offense has been defined in bailable offence, in which arrest can be made even without warrant. Warrant is mandatory by the Magistrate in non-bailable. If bailable offense is there, you can take bail as a right of matter. Many parameters have been fixed for granting bail even in bailable offences, in which the guidelines of the Supreme Court are also there. In this, the court sees whether the person who is being bailed will tamper with the evidence after getting out, whether the crime he has committed is heinous or whether he has committed any economic crime. .
PMLA prevails over CrPC and IPC
Alok Anand: Now if we talk about ED’s special court, then the process of CrPC and IPC will be applicable in the matter of granting bail in normal police cases. In the case of ED also there is a procedure of CRPC, but when the matter of PMLA comes, then PMLA will prevail over CRPC. However, it is written in the law that the procedures in CrPC will also apply to this. But now some special procedure has been given under it, as we talked about in the case of investigation, attachment-seizure etc., then it prevails.
What is the section of PMLA 43
Alok Anand : Now since this is a special act, like Prevention of Unlawful Activities Act, Prevention of Terrorism Act or PMLA all these are special acts . Special provisions are given in special acts. Similarly, a special provision has been given in the PML Act, which states that to whom bail will be given, under what circumstances, to which category of person it will be given. The section which has special provision while giving bail is PMLA. Section After interference in PMLA various types The decisions came. The amendment was challenged, the decision was given on that challenge.
Alok Anand : It is clearly written in the special provision of PMLA that notwithstanding anything contained in CrPC, any person Bail will not be granted until the public prosecutor is first given an opportunity to oppose the bail application. Secondly, even if the Public Prosecutor is given an opportunity to oppose the bail application, then the Special Court itself is prima facie satisfied that the person who has created the offense should be granted bail or not, and in both the cases, the court If satisfied, he can give bail to a particular person.
Alok Anand : Inspite of all these stringent provisions of Money Laundering Act, six types of persons have been put in special category, where the Court has been given the right to grant bail in their cases. Like, from year Be it a youth of young age, second be a woman, third be a Sikh, fourth be infirm, fifth be a person accused of a crime that he has committed the crime alone, if the amount is less than one crore and sixth that many accused If so, in that case the amount should be less than one crore. ,
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