Bail not granted as applicant doesn’t qualify twin conditions of Section 45 of PMLA

Abdul Razak Peediyakkal Vs Union of India (Allahabad High Court)

Allahabad High Court held that bail not granted as the applicant doesn’t qualify the twin conditions of section 45 of Prevention of Money Laundering Act, 2002 (PMLA) and applicant is based at Abu Dhabi.

Facts- The present applicant is in jail since 10.03.2022 under Sections 3, 4 & 70 of the Prevention of Money Laundering Act, 2002. The applicant has submitted that he has been falsely implicated in the case by the Enforcement Directorate (E.D.) since no case is made out against the accused-applicant under Section 3 of the Prevention of Money Laundering Act, 2002 (“the PMLA”), which is punishable under Section 4 of the PMLA.

The applicant submitted that the offence of money laundering as defined under Section 3 of the PMLA specifically posits that whosoever directly or indirectly attempts to indulge or knowingly assists or is a party or is involved in any process or activity connected with the proceeds of crime including its concealment, possession, acquisition or use and projecting or claiming it as untainted property shall be guilty of the offence of money laundering.

The applicant has submitted that there are three predicate offences relating to the issue in question wherein the present applicant was not named.

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