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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