Anticipatory Bail under the Prevention of Money Laundering (PMLA) Act of 2002 | Criminal Law Attorney for Money Laundering case in Delhi NCR

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Anticipatory Bail under the Prevention of Money Laundering (PMLA) Act of 2002 | Criminal Law Attorney for Money Laundering case in Delhi NCR

In Gautam Kundu Vs. Manoj Kumar, Govt. of India Criminal Appeal No. 1706 of 2015, the issue that whether the provisions of Section 45 of the PMLA are binding on the High Court while considering the application for bail Under Section 439 of the Code of Criminal Procedure was raised. The Court held that Section 45 of the PMLA will have an overriding effect on the general provisions of the Code of Criminal Procedure in case of conflict between them. It means that even when the High Court is exercising special power to grant being under Section 439 of the Code the restriction in Section 45 of the Prevention of Money Laundering (PMLA) Act of 2002 is applicable