TMI Blog2021 (5) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... nce or influence witnesses is not apparent from the records and can only be presumed if the petitioner had committed the same/similar offence after being released from custody or detention. The other relevant consideration is that despite today being the 56th day of the 60-day timeframe under Section 167 (2) of the Cr.P.C., the Enforcement Directorate has not filed any complaint against the petitioner since the time of his arrest on 9th March, 2021. This court is of the view that the petitioner should not further be kept in custody. The petitioner shall accordingly be released on bail upon furnishing a bond of Rs.20,000/- with two sureties of like amount each, one of whom must be a local resident to the satisfaction of the learned Judge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Advisory Committee of the Government of India on the ground that there was no sufficient cause for detention of the petitioner. The petitioner was also granted bail on 20th August, 2018 by the CJM, North 24 Parganas. Counsel submits that the petitioner had already been in custody for 55 days and will be liable to be released under Section 167 (2) of the Cr.P.C. on 8th May, 2021. Learned counsel appearing for the Enforcement Directorate who opposes the present application submits that the E.D. has chased several Bank Accounts which have been used by the petitioner to divert property under The Prevention of Money- Laundering Act, 2002 (PMLA). Counsel submits that the Investigating Authority is presently in the process of unearthing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re P-6 to the application which sets out the ground for arrest of the petitioner under Section 19 of the PMLA pursuant to an order of the Assistant Director of the Enforcement Directorate. Fourth, the contention with regard to overarching importance of Section 45 of the PMLA has considerably been diluted by Nikesh Tarachand Shah vs. UOI Ors.; (2018) 11 SCC 1. The relevant paragraphs of the Report show that the Supreme Court was of the view that Section 45 of the PMLA would have to be struck down as being manifestly arbitrary and providing a procedure which is not fair or just and would violate Articles 14 and 21 of the Constitution of India. If the special provisions of the PMLA, including Section 45 thereof, are seen as having been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard to the facts and circumstances as stated above, this court is of the view that the petitioner should not further be kept in custody. The petitioner shall accordingly be released on bail upon furnishing a bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of like amount each, one of whom must be a local resident to the satisfaction of the learned Judge of the Special Court, under the PMLA. Since an apprehension has been expressed by the E.D. that the petitioner may abscond upon release, the petitioner will deposit his passport with the learned Judge of the Special Court. Since the petitioner lives in Hyderabad, Telangana, the petitioner shall deposit his passport within four days from the date of this order. The petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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