Supreme Court · 2015 INSC 939 · Decided 16 December 2015
Gautam Kundu v. Manoj Kumar Assistant Director, Eastern Region, Directorate of Enforcement(Prevention of Money Laundering Act) GOVT. of India
- Court
- Supreme Court of India
- Citation
- 2015 INSC 939 · [2015] 15 S.C.R. 499
- Case number
- CRIMINAL APPEAL No. 1706/2015
- Decided
- 16 December 2015
- Bench
- PINAKI CHANDRA GHOSE, R.K. AGRAWAL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 439, 5; Prevention of Money Laundering Act Section 4, 45, 71
Headnote
C Bail - Prosecution u/s. 4 of Prevention of Money Laundering Act, 2002 (PMLA) - Proceedings u/s. 24 of Securities and Exchange Board of India Act, 1992 (SEBI Act) pending - Bail application u/s. 439 Cr.P. by High Court on the ground that there was no order holding D that no offence was made out u/s. 24 against the applicant­ Held: In view of s. 5 of Cr.P. C. and non-obstante clause of s. 45 of PMLA, PMLA being a special statute will prevail over the general provisions of Cr.P.C. in case of
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