SC Cancels PMLA Bail as High Court Ignored Section 45 Twin Conditions

Directorate of Enforcement Vs Aditya Tripathi (Supreme Court of India)

The Supreme Court considered appeals filed by the Directorate of Enforcement challenging the judgments of the High Court for the State of Telangana granting bail to the respondents in connection with offences under the Prevention of Money Laundering Act, 2002 (PMLA). The respondents were being investigated by the Enforcement Directorate in ECIR No. ECIR/HYZO/36/2020 arising out of FIR No. 12/2019 registered by the Economic Offences Wing, Bhopal.

The predicate FIR dated 10.04.2019 alleged offences under Sections 120-B, 420, 468 and 471 of the Indian Penal Code, Section 66 of the Information Technology Act, 2000, and Section 7(c) read with Section 13(2) of the Prevention of Corruption Act, 1988. According to the investigation, e-tenders relating to works of the Madhya Pradesh Water Corporation amounting to ₹1,769 crore had been tampered with by altering price bids to make certain companies the lowest bidders. After the Economic Offences Wing filed a charge sheet on 04.07.2019, the Enforcement Directorate initiated investigation under the PMLA, treating the offences as scheduled offences. The respondents were arrested on 19.01.2021, and the High Court subsequently granted them bail.

The Enforcement Directorate contended that the High Court had erred in granting bail without properly considering the rigours of Section 45 of the PMLA. It was further submitted that the High Court had failed to consider the seriousness of the alleged offences and had proceeded solely on the basis that the investigation had been completed and the charge sheet had been filed, whereas the investigation by the Enforcement Directorate was still continuing.