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GAUTAM KUNDU vs. MANOJ KUMAR ASSISTANT DIRECTOR, EASTERN REGION, DIRECTORATE OF ENFORCEMENT(PREVENTION OF MONEY LAUNDERING ACT) GOVT. OF INDIA

SCR Citation: [2015] 15 S.C.R. 499
Year/Volume: 2015/ Volume 15
Date of Judgment: 16 December 2015
Petitioner: GAUTAM KUNDU
Disposal Nature: Appeal Dismissed
Neutral Citation: 2015 INSC 939
Judgment Delivered by: Hon'ble Mr. Justice Pinaki Chandra Ghose
Respondent: MANOJ KUMAR ASSISTANT DIRECTOR, EASTERN REGION, DIRECTORATE OF ENFORCEMENT(PREVENTION OF MONEY LAUNDERING ACT) GOVT. OF INDIA
Case Type: CRIMINAL APPEAL /1706/2015
Order/Judgment: Judgment
1. Headnote

Bail — Prosecution u/s. 4 of Prevention of Money Laundering Act, 2002 (PMLA) — Proceedings u/s. 24 of Securities and Exchange Board of India Act, 1992 (SEBI Act) pending — Bail application u/s. 439 CrP.C. — Rejected by High Court on the ground that there was no order holding that no offence was made out u/s. 24 against the applicant — Held: In view of s. 5 of Cr.P.C. and non-obstante clause of s. 45 of PMLA, PMLA being a special statute will prevail over the general provisions of Cr.P.C. in case of any conflict — The conditions for grant of bail enumerated in s. 45 of PMLA have overriding effect on the provisions of s. 439 Cr.P.C.— u/ s. 24 of SEBI Act, unless the contrary is proved the Authority/ Court shall presume that proceeds of crime are involved in money laundering — In the facts and circumstances of the case, High Court rightly refused the bail — Code of Criminal Procedure, 1973s. 439Prevention of Money Laundering Act, 2002s. 4- Securities and Exchange Board of India Act, 2002 —-s. 24.

2. Case referred
3. Act
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4. Keyword
  • Bail - Prosecution u/s. 4 of Prevention of Money Laundering Act
  • 2002 (PMLA) - Proceedings u/s. 24 of Securities and Exchange Board of India Act
  • 1992 (SEBI Act) pending - Bail application u/s. 439 Cr.P. C. -
5. Equivalent citation
    Citation(s) 2016 AIR 106 = 2015 (16) SCC 1 = 2015 (16) Suppl. SCC 1 = 2016 (1) JT 8 = 2016 (1) Suppl. JT 8 = 2015 (13) SCALE 808