Case Law Details
Manish Kothari (Presently In JC) Vs Director of Enforcement Ministry of Finanace Dept. of Revenue Headquarter Investigation Unit (Delhi High Court)
Delhi High Court granted the bail to the petitioner (Chartered Accountant) under Prevention of Money Laundering Act 2022 based on the plea of the petitioner that he has acted on the basis of information and records provided by his client.
Facts- The petitioner is aggrieved of the order dated 09.06.2023 whereby the bail application of the petitioner had been dismissed by the Special Judge primarily on the ground that the petitioner had failed to meet the threshold of Section 45 of PMLA. Trial court has inter alia held that the petitioner had actively assisted the co-accused to convert the tainted money into untainted money and connived in the laundering thereto. The trial court has also inter alia held that the present case being a serious economic offence stands on a different footing and thus required to be seen with a different perspective.
The trial court was inter alia of the view that at this stage, the court cannot segregate the share of individual person and it had to be seen in a wholesome manner and therefore, the role of applicant/accused touches at least a figure of 48 Crores or so which was the amount allegedly attributed to the co-accused persons.
Special judge also rejected the plea taken by the petitioner that the grounds of arrest were not supplied to him. Aggrieved of this, the petitioner had filed the present bail application.
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