Prevention of Money Laundering Act, 2002
Proviso to Section 45(1)—Purposive interpretation—A purposive interpretation of the proviso to Section 45(1) of the Prevention of Money Laundering Act shows that it has been incorporated as a lenient provision or to afford ‘relaxation’ to a sick or infirm person as noted in the Statement of Objects and Reasons to PMLA.
[Para 20]
Proviso to Section 45(1)—Bail—Entitlement—Question as to whether the applicant is “sick or infirm” in terms of the proviso to Section 45(1) of the PMLA—When the sickness or infirmity is of such a nature that it is life-threatening and requires medical assistance that cannot be provided in penitentiary hospitals, then the accused should be granted bail under the proviso to Section 45(1) of the Act—Medical Board opined that applicant is ‘stable’ and can be treated in jail hospital—Applicant is not ‘sick’ to be granted bail under proviso to Section 45(1) of the PMLA—Granting bail on every sickness will render the proviso to Section 45(1) of the PMLA otiose—Courts do not possess medical expertise and each case is decided on the peculiar facts and circumstances involved—Mere old age does not make a person ‘infirm’ to fall within proviso to Section 45(1) of the PMLA—But the infirmities in a senile stage combined with constant ‘attendant’ support coupled with frequent seizures and abnormal behavioural disorder make the applicant ‘infirm’ under the proviso to Section 45(1) of the Act—Applicant is entitled to grant of bail—Application allowed. [Criminal Procedure Code, 1973, Section 439]
[Paras 29 to 31, 38, 39, 43, 46 to 49, 52 to 60]
Decision : Application allowed