Case Law Details
Gangadhar Chhatria Vs State of Odisha (Orissa High Court)
In a noteworthy ruling by the Orissa High Court in the case Gangadhar Chhatria Vs State of Odisha, a critical issue concerning police investigation powers under the Prevention of Money Laundering Act (PMLA) was brought into focus. This article provides a comprehensive analysis of the case, discussing the implications of this ruling for future criminal proceedings.
The core issue in the case revolved around the police’s ability to investigate matters under the PMLA. The accused in this case, accused of money laundering and fraud, applied for bail. However, it was highlighted that under the PMLA, the police cannot investigate a matter or submit a complaint before the Special Court unless specially permitted. In this case, the police had submitted a charge-sheet against the accused without any such specific authorization, which was then questioned by the Court.
The Court’s decision serves as a reminder of the delineation of the power of police under the PMLA. It highlights the requirement of special permission before proceeding with the investigation of such matters. As per the ruling, the police acted beyond their jurisdiction in this instance, thereby leading to the accused being granted bail. The decision sets a precedent for future cases, establishing a clear interpretation of police powers and limitations under the PMLA.
FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT
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