Supreme Court · 2017 INSC 1137 · Decided 23 November 2017
Nikesh Tarachand Shah v. Union of India & ANR.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 1137 · [2017] 12 S.C.R. 358
- Case number
- WRIT PETITION (CRIMINAL) No. 67/2017
- Decided
- 23 November 2017
- Bench
- R.F. NARIMAN, SANJAY KISHAN KAUL (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 121, 121A; CrPC; Constitution Article 14, 21; Prevention of Corruption Act; NDPS Act; UAPA; Customs Act; Information Technology Act; Juvenile Justice Act; Prevention of Money Laundering Act Section 45, 45(1); Arms Act; Wild Life Protection Act
Headnote
Prevention of Money Laundering Act, 2002 - s.45( I) Constitutional validity _of- Grant of bail u/s. 45( 1) - Twin conditions to be satisfied u/s. 45 that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to while on bail - For purpose of grant of bail u/s. 45( I), offence relatable to offences punishable for a term of imprisonment of more than 3 years under Part A of the Schedule to the Act and not in relation to offences under the 2002 Act itself - Held: Section 45 (I) is unconstitutional as it
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