Case Law Details
Khageswar Patra Vs Directorate of Enforcement (Orissa High Court)
In the high-profile case, the Orissa High Court has rejected an anticipatory bail application put forth by Khageswar Patra. The dismissal was based on Patra’s failure to comply with Section 45 of the Prevention of Money Laundering Act (PMLA).
Analysis:- The court was presented with a situation where Patra, accused of money laundering, had allegedly engaged in transactions with co-accused individuals. These dealings were refuted as being part of a friendly loan, with no evidence of money laundering. However, the Enforcement Directorate (ED) contested these claims, stating that Patra had funneled the proceeds of crime to his co-accused and had not satisfied the necessary conditions stipulated under Section 45 of the PMLA.
The court took into account the allegations and evidence pointing towards Patra’s involvement in money laundering and channelizing the proceeds of crime. Due to the lack of counter-arguments from Patra’s counsel against the ED’s objections and the failure to satisfy Section 45(1)(ii) of the PMLA, the bail application was dismissed.
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