Criminal Procedure Code, 1973
Section 439—Bail—Delhi Excise Policy case—Petitioner was arrested for offence under Section 3 of the Prevention of Money Laundering Act—Allegations against petitioner is that he being the Deputy CM and Excise Minister formulated the excise policy in such a manner that undue advantage goes to the manufacturer, wholesaler and retailer so as to recoup the advance kickbacks and to further gain undue advantage from the profit so earned by virtue of the provision in the new excise policy—Allegation against petitioner is also that he received illegal gratification from one for putting an NOC clause for granting benefits to the said person—Personal liberty is a sacrosanct right and pre-trial detention cannot be taken as a punitive measure—However such right has to be balanced with right of the society at large—Court cannot appreciate the evidence meticulously at the stage of bail—Case of ED is based on the statements under Section 50 of PML Act cannot be taken as gospel truth but at the same, the court has to take into account the probabilities and the legislative intent behind enacting Section 50 of the Act—Though the statements recorded under Section 50 of the Act are admissible in evidence but their evidentiary value has to be weighed at the time of trial—Allegations are that deliberate loopholes were left to facilitate illegal and criminal activities—Seriousness or gravity of offence and its nature or category, the capacity of applicant in which it has been committed, the manner of its commission and also certain other factors like impact of offence as well as possible impact of release of applicant on society etc. are the factors which go against applicant and force the court to decide against his release on bail—In view of the high political positions held by the accused and his position in the party in power in Delhi possibility of influence the witnesses cannot be ruled—Twin conditions under of PMLA are in addition to the triple test—Petitioner has not only been able to pass the twin conditions as provided under of PML Act, but he has also not been able to cross the triple test—Petitioner is not entitled to bail—Application dismissed. [Prevention of Money Laundering Act, 2002, Section 3, 45 & 50]
[Paras 32 to 53]