CBI's Kolkata Unit Case Listed Today
The bail application filed by accused in connection with ECIR No. 17/HIU/2020 is listed before Hon'ble Delhi High Court on 21 June 2021. When this matter was listed on 28 May 2021, then notice was accepted by the Advocate appearing for Enforcement Directorate and the Advocate for ED sought some time to file status report. Hon'ble High Court had directed the ED to indicate the previous involvement of the accused person.
It may be relevant to note that Prevention of Money Laundering Act, 2002 ("PMLA") contains 75 sections and one of its sections was declared unconstitutional in a Judgment. The offence of money laundering is defined in S.3 of PMLA. According to S.65 of PMLA the provisions of Code of Criminal Procedure, 1973 "shall apply, in so far as they are not inconsistent with the provisions of [PMLA] to arrest, search and seizure, attachment, confiscation investigation, prosecution and all other proceedings under [PMLA]". S.48 of the PMLA describes the authorities under PMLA and S.24 of PMLA provides for certain presumptions and the title of S.24 is "burden of proof". An application for bail under S.439 of Code of Criminal Procedure, 1973 can be filed either before Court of Sessions of before High Court.
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