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2015 (10) TMI 2580 - HC - Money LaunderingJudicial custody of Petitioners happen to be the father-in-law and mother-in-law of Jagdish Singh @ Bhola who is alleged to be the kingpin of drug mafia - Money Laundering - Held that:- We are satisfied that no purpose shall be served by putting the petitioners in judicial custody pending trial in the Statutory Complaint. We say for the reasons that: (i) It is an admitted fact that during investigation of the money laundering case, the petitioners were never arrested by the Enforcement Directorate in exercise of its powers under Section 19 of the Act; (ii) The assets created by the petitioners with the alleged aid of proceeds of crime have already been seized/attached; (iii) It is not the case of Enforcement Directorate that any private vulnerable witness is to depose against them. It would, thus, be too much presumptuous at this stage that the petitioners would tamper with the evidence; (iv) The maximum sentence for an offence under the Act is 7 years though it may extend to 10 years if the case falls under proviso to Section 4 of the Act; (v) It further appears that rigors of Section 45(1)(ii) of the Act would be attracted only while considering the bail plea of an accused who has been arrested by the E.D. Under Section 19 of the Act; (vi) The complaint is at the initial stage and its adjudication will take time.
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