VidhiSangh

Supreme Court of India · 24/02/2023

THE DIRECTORATE OF ENFORCEMENT versus M. GOPAL REDDY & ANR

[2023] 3 S.C.R. 79 · 2023 INSC 163

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Summary

A former Additional Chief Secretary of the Madhya Pradesh Water Resources Department, summoned by the Enforcement Directorate in a money laundering investigation arising from the Madhya Pradesh e-tender rigging case, obtained anticipatory bail from the Telangana High Court, which held on the authority of Nikesh Tarachand Shah that Section 45 of the Prevention of Money Laundering Act, 2002 does not apply to proceedings under Section 438 CrPC. The Supreme Court allowed the Directorate's appeal: as clarified in Dr. V.C. Mohan, the rigours of Section 45 are triggered once anticipatory bail is sought for an offence under the 2002 Act, the High Court ignored the seriousness of the allegations and treated the matter like an ordinary IPC offence, and acquittal or discharge of other accused in the scheduled offence is no ground to halt the investigation against him.

Issues

  1. Whether the twin conditions of Section 45 of the Prevention of Money Laundering Act, 2002 apply to an application for anticipatory bail under Section 438 CrPC in connection with an offence of money laundering.
  2. Whether anticipatory bail could be granted without considering the seriousness of the allegations merely because the applicant was not named in the FIR for the scheduled offence and other accused had been acquitted or discharged.

Provisions considered

Held

Result

Appeal allowed without costs; Telangana High Court judgment dated 02.03.2021 in Criminal Petition No. 1148 of 2021 granting anticipatory bail in F. No. ECIR/HYZO/36/2020 quashed and set aside; respondent to be dealt with in accordance with law, and any regular bail application filed after arrest to be considered on its own merits in light of the material collected.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 79.