Rigors Of Section 45 PMLA Act Must Get Triggered While Considering Anticipatory Bail Plea In Connection With PMLA Offence: Supreme Court

The Supreme Court observed that, once the prayer for anticipatory bail is made in connection with offence under the Prevention of Money Laundering Act, the underlying principles and rigors of Section 45 of the PMLA Act must get triggered although the application is under Section 438 of Code of Criminal Procedure.

It is the duty of court to examine the jurisdictional facts including the mandate of Section 45 of the PMLA Act, which must be kept in mind, the bench comprising Justices AM Khanwilkar and CT Ravikumar observed while setting aside an order passed by the High Court of Telangana by which it granted anticipatory bail to an accused in connection with offence concerning the Prevention of Money Laundering Act.

While considering the appeal filed by the State, the bench comprising Justices AM Khanwilkar and CT Ravikumar noted that the High Court considered the matter as if it was dealing with prayer for anticipatory bail in connection with ordinary offence under the Indian Penal Code.

"Indeed, the offence under the PMLA Act is dependent on the predicate offence which would be under ordinary law, including provisions of Indian Penal Code. That does not mean that while considering the prayer for grant of anticipatory bail in connection with PMLA offence, the mandate of Section 45 of the PMLA Act would not come into play. ", the court said.

Referring to some observations made in Nikesh Tarachand Shah vs. Union of India & Anr. reported in (2018) 11 SCC 1 (referred by the respondent accused), the court said:

The observations made therein have been misunderstood by the respondent. It is one thing to say that Section 45 of the PMLA Act to offences under the ordinary law would not get attracted but once the prayer for anticipatory bail is made in connection with offence under the PMLA Act, the underlying principles and rigors of Section 45 of the PMLA Act must get triggered — although the application is under Section 438 of Code of Criminal Procedure.

While setting aside the order, the bench relegated the parties before the High Court for reconsideration of the petition seeking anticipatory bail afresh.

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