TARUN KUMAR versus ASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT

TARUN KUMAR versus ASSISTANT DIRECTOR DIRECTORATE OF ENFORCEMENT

The appeal is dismissed because the appellant failed to satisfy the mandatory twin conditions of Section 45 PMLA; prima facie evidence comprising statements under Section 50 PMLA and documentary material showed the appellant's deliberate involvement in processes connected with proceeds of crime under Section 3 PMLA, parity with other co-accused was inapplicable on the facts, and the court must ensure speedy trial though continued detention was justified on the material on record.

Parties
Appellant: Tarun Kumar; Respondent: Assistant Director Directorate of Enforcement
Jurisdiction
India
Judgment Date
20 November 2023
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Dated 18.07.2023 Dismissing Bail Application
Outcome
Appeal dismissed
Legal Topics
Bail, Money Laundering, Economic Offences, Parity in Grant of Bail, Speedy Trial
Prevention of Money Laundering Act, 2002 Prevention of Corruption Act, 1988 Code of Criminal Procedure, 1973 Indian Penal Code, 1860 Constitutional Law (articles 14 and 21) Bail Money Laundering Economic Offences +2 more

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Parties

Tarun Kumar

Appellant

Assistant Director Directorate of Enforcement

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Dated 18.07.2023 Dismissing Bail Application

Legal Issues

  1. 1 Whether appellant is entitled to bail notwithstanding Section 45 PMLA
  2. 2 Whether statements recorded under Section 50 PMLA and documentary material can prima facie connect the appellant to money laundering under Section 3 PMLA
  3. 3 Whether principle of parity entitled appellant to bail because a co-accused was granted bail

Ratio Decidendi

The appeal is dismissed because the appellant failed to satisfy the mandatory twin conditions of Section 45 PMLA; prima facie evidence comprising statements under Section 50 PMLA and documentary material showed the appellant's deliberate involvement in processes connected with proceeds of crime under Section 3 PMLA, parity with other co-accused was inapplicable on the facts, and the court must ensure speedy trial though continued detention was justified on the material on record.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Impugned High Court order dated 18.07.2023 dismissing bail application is affirmed