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2014 (11) TMI 1104 - HC - Money LaunderingLegality and validity of the order of issue of warrant passed by the Designated Judge under P.M.L. Act 2002 - Held that:- On a plain reading of the provisions of law it appears prima facie that if the offence is heinous, the Court may be justified in issuing nonbailable warrants simultaneously with the order of process, but it appears on a plain reading of Section 87 of the Code of Criminal Procedure that at the same time the Court concerned is also obliged to satisfy itself by recording reasons that the accused persons are likely to evade the process of law or have already absconded. Issuance of non bailable warrant should be avoided except in case of heinous crime or it is feared that accused is likely to tamper or destroy the evidences or is likely to evade the process of law. We do not find any such findings recorded by the designated judge in her order dated 29th October, 2014 while issuing warrant. Thus it is of the view that the petitioners have been able to make out a strong prima facie case to have an interim order to the limited extent that, the order passed by the Designated Judge for issue of warrant shall remain stayed from its operation, till the next date of hearing.
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