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Case Law Details

Case Name : Avtar Singh Kocchar @ Dolly  Vs Enforcement Directorate (Delhi High Court)
Appeal Number : Bail APPLN. 1814/2023
Date of Judgement/Order : 29/11/2023
Related Assessment Year :
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Avtar Singh Kocchar @ Dolly Vs Enforcement Directorate (Delhi High Court)

Delhi High Court granted the bail application in the extortion case concluding that merely because the petitioner has been alleged to be a Hawala Operator, the bail cannot be denied to him.

Facts-

The petitioner has preferred the present bail application u/s. 439 Cr.P.C. read with Sections 45 and 65 of the Prevention of Money Laundering Act, 2002. It is mainly submitted that ED has failed to establish any link or nexus of the Petitioner to the main predicate offence of extortion of money or the main accused persons and therefore knowledge cannot be attributed to the petitioner. It has further been submitted that the petitioner has neither committed an offence of money laundering u/s. 3 punishable u/s. 4 of PMLA, nor has derived or obtained directly or indirectly any “proceeds of crime‟ from a criminal activity relating to a scheduled offence.

Conclusion-

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