DIRECTORATE OF ENFORCEMENT versus ADITYA TRIPATHI

DIRECTORATE OF ENFORCEMENT versus ADITYA TRIPATHI

The High Court failed to consider the rigour of Section 45 of the PML Act, 2002, the seriousness of the alleged scheduled offences and that the Enforcement Directorate's investigation in respect of the scheduled offences was still ongoing; therefore the High Court's orders enlarging the respondents on bail were unsustainable and are quashed and set aside, with the matters remitted to the High Court for fresh consideration after surrender of the respondents.

Parties
Appellant: Directorate of Enforcement; Respondent: Aditya Tripathi
Jurisdiction
India
Judgment Date
12 May 2023
Procedural Posture
Criminal Appeal / Appeal From High Court Order Granting Bail in Relation to Enforcement Directorate Investigation Under the PML Act, 2002
Outcome
Appeals allowed; impugned High Court orders granting bail quashed and set aside.
Legal Topics
Bail, Section 45 PMLA, Scheduled Offences Under PMLA, Investigation by Enforcement Directorate, Chargesheet
Criminal Law Money Laundering Prevention of Money Laundering Act, 2002 Prevention of Corruption Act, 1988 Bail Section 45 PMLA Scheduled Offences Under PMLA Investigation by Enforcement Directorate +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Directorate of Enforcement

Appellant

Aditya Tripathi

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order Granting Bail in Relation to Enforcement Directorate Investigation Under the PML Act, 2002

Legal Issues

  1. 1 Whether the High Court properly applied the rigour of Section 45 of the Prevention of Money Laundering Act, 2002 when granting bail
  2. 2 Whether the filing of a chargesheet in respect of predicate offences or acquittal/discharge of other accused justifies release on bail in proceedings under the PML Act, 2002
  3. 3 Whether ongoing investigation by the Enforcement Directorate for scheduled offences precludes grant of bail

Ratio Decidendi

The High Court failed to consider the rigour of Section 45 of the PML Act, 2002, the seriousness of the alleged scheduled offences and that the Enforcement Directorate's investigation in respect of the scheduled offences was still ongoing; therefore the High Court's orders enlarging the respondents on bail were unsustainable and are quashed and set aside, with the matters remitted to the High Court for fresh consideration after surrender of the respondents.

Court Disposition

Appeals allowed; impugned High Court orders granting bail quashed and set aside.

Orders

  • Impugned High Court orders quashed and set aside
  • Respondent No.1 to surrender before the competent court having jurisdiction or before the concerned jail authority within one week from the date of judgment