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2017 (2) TMI 1205 - PUNJAB AND HARYANA HIGH COURT

2017 (2) TMI 1205 - PUNJAB AND HARYANA HIGH COURT - TMI - Interim bail - Prevention of Money Laundering - Held that:- It is seriously doubtful whether rigors of Section 45 of PMLA would be attracted in this case as the petitioner is not accused of an offence punishable for a term of imprisonment of more than three years in Part `A' of the Schedule attached to PMLA, 2002. Similarly, since the petitioner was not subjected to custodial interrogation regardless of express powers given to E.D under S .....

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petition is allowed. It is directed that the petitioner on surrender before the learned Special Judge, Patiala shall furnish the bail bonds to the satisfaction of the said Court and he shall be admitted to interim bail - CRM No. M-42455 of 2016 - Dated:- 28-2-2017 - HON'BLE MR. JUSTICE SURYA KANT AND HON'BLE MR. JUSTICE SUDIP AHLUWALIA Mr. P.S. Ahluwalia, Advocate for the petitioner. Ms. Ranjana Sahi, Advocate for the respondent. JUDGEMENT SURYA KANT, J.(Oral) The petitioner seeks pre-a .....

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d Gurjit Kumar Gaba who is son of Chunni Lal Gaba. Against both of them, cases under the NDPS Act have also been registered and there are specific allegations of manufacturing and sale of illicit drugs/ contrabands against them. The company in which Chunni Lal Gaba and Gurjit Kumar Gaba are Directors, namely, M/s Medcare Remedies Pvt. Ltd is also co-accused. So far as the petitioner is concerned, no case under NDPS Act has been registered against him and he is not a Director in M/s Medcare Remed .....

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ubsequent matter under investigation, that will constitute an independent offence within the meaning of PMLA, 2002 for which the E.D shall be at liberty to proceed against him in accordance with law. So far as the complaint in hand is concerned, the investigation is over and its cognizance has already been taken. Since the petitioner was not required and was not taken into custody during the course of investigation of the instant complaint, no useful purpose shall be served by putting him in jud .....

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