Criminal Procedure Code, 1973
Section 167(2)—Statutory bail—Entitlement—Offence registered under Prevention of Money Laundering Act—Though complaint was filed under Section 44(1)(b) of PML Act within the 60 days period, the contention of the respondent/ED that since complaint was filed, petition under section 167(2) CrPC was not maintainable—Unaccepted—Charge sheet/complaint can only be filed after completion of investigation and when the Enforcement Directorate submitted that investigation was being carried out, which is permissible under Section 44(1)(d)(ii) of the Act, it means that investigation was incomplete and since the court did not take cognizance of the complaint, it indicates that investigation was incomplete—Initial complaint filed under the PML Act not treated as complaint under Section 173(2) of CrPC—A complaint /charge sheet filed without completing the investigation cannot be used to circumvent the right of statutory bail under Section 167(2) of CrPC—Petitioner entitled to statutory bail under Section 167(2) of CrPC—Petitions allowed.
[Para 25]
Section 167(2)—Statutory bail—Entitlement—Offence registered under Prevention of Money Laundering Act— Though complaint was filed under Section 44(1)(b) of PML Act within the 60 days period, the contention of the respondent/ED that petitioner was remanded not under Section 167 of CrPC but under Section 309 of the CrPC—Misconceived—Section 309 of CrPC comes into operation only after cognizance of offence is taken—No cognizance of offence is taken till date in the present case.
[Para 26]
Section 167(2)—Statutory bail—Entitlement—Offence registered under Prevention of Money Laundering Act—Contention of the respondent/ED that economic offences are serious offences and petitioner is claiming bail under Section 167(2) of CrPC only to circumvent the strict rigors of bail under Section 45 of the PMLA—Unaccepted—Investigative authority cannot rely on Section 45 of the PMLA to deny statutory bail under Section 167(2) of the CrPC.
[Para 27]
Prevention of Money Laundering Act, 2002
Sections 44 & 45—Power of Designated Court—Designated Court has no power to return the application seeking extension of remand and bail application—Neither the CrPC nor the PMLA contemplates any provision which empowers the Designated Court to return applications seeking remand or applications seeking bail.
[Para 27]