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2022 (6) TMI 96 - JHARKHAND HIGH COURTMoney Laundering - scheduled offences or not - untainted property - statement recorded under Section 50 of PMLA Act - constitutional validity of twin conditions of Section 45 of PMLA Act - HELD THAT:- This Court is of the considered view that the provisions of Section 45 of the Act, 2002 prior to judgment of Hon’ble Apex Court in the case of Nikesh Tarachand Shah [2017 (11) TMI 1336 - SUPREME COURT] had been declared unconstitutional; but the defects in provisions of the said Act was cured by Parliament by way of Amendment Act 13 of 2018 and consequently, the twin conditions of Section 45 while disposing of the bail application under the Act, 2002 stood revived - The twin conditions under Section 45 (1) for the offences classified thereunder in Part-A of the Schedule was held arbitrary and discriminatory and invalid in Nikesh Tarachand Shah. There are reasonable ground for believing that applicant is guilty of the offences of money laundering and he is likely to commit any offence, if enlarged on bail - Application dismissed.
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