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2020 (6) TMI 90 - HC - Money LaunderingVires of Clause (ii) of sub-Section (1) of Section 45 of the Prevention of Money Laundering Act, 2002 - amendment in section 45 - applicability of decision in the case of NIKESH TARACHAND SHAH VERSUS UNION OF INDIA AND ANR. [2017 (11) TMI 1336 - SUPREME COURT] where the Supreme Court has declared Clause (ii) of sub-Section (1) of Section 45 of the Prevention of Money Laundering Act, 2002, ultra vires Articles 14 and 21 of the Constitution of India - amendment in section 45, subsequent to the Supreme Court’s decision, in case of Nikesh Tarachand Shah. Whether the amendment introduced in Section 45 of the Act, by Act No. 13 of 2018, shall amount to re-framing the entire Section 45 and thereby reviving and resurrecting the requirement of twin conditions under sub-Section (1) of Section 45 of the Act for grant of bail? HELD THAT:- In view of clear language used in paragraph 46 of the Supreme Court’s decision in case of Nikesh Tarachand Shah, there is no hesitation in reaching a definite conclusion that the amendment in sub-Section (1) of Section 45 of the Act introduced after Supreme Court’s decision in case of Nikesh Tarachand Shah does not have the effect of reviving the twin conditions for grant of bail, which have been declared ultra vires Articles 14 and 21 of the Constitution of India. There are no force in submission made on behalf of Union of India that a different view has been taken in case of P. CHIDAMBARAM VERSUS DIRECTORATE OF ENFORCEMENT [2019 (9) TMI 286 - SUPREME COURT] by the Supreme Court than the view taken in case of Nikesh Tarachand Shah on the question of constitutional validity of sub-Section (1) of Section 45 of the Act. There is no discussion in this regard in the said judgment in case of P. Chidambaram . The application for anticipatory bail in case of P. Chidambaram was rejected on merits of the allegation and other materials. Merits of the case - HELD THAT:- The petitioner is the widow of deceased younger brother of the main accused Ashok Kumar Yadav against whom there are 26 criminal cases and in course of investigation carried out against him in respect of commission of offence under the Act, it emerged that he had purchased properties in the name of the petitioner and her deceased husband to the tune of ₹ 5,66,000/-. Further, a sum of ₹ 6,95,000/- has been allegedly deposited in the savings bank account of the petitioner by the said accused Ashok Kumar Yadav. In addition, a sum of ₹ 2,99,500/- is lying in the account of the deceased husband of the petitioner. Considering the nature of allegation, a case of grant of anticipatory bail is made out - Application allowed.
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