The Punjab and Haryana high court has addressed the issue of releasing an accused of money laundering under police custody without fulfilling the conditions mandated under the Prevention of Money Laundering Act (PMLA), 2002.
Definition of Release from Prison in Police Custody
The court clarified that release from prison in police custody is distinct from bail or interim bail. While on such release, the inmate steps out of the prison’s confines but remains under continued detention.
Case Upheld by the High Court
The bench of justice Anoop Chitkara upheld an order of a special court in Panchkula, Haryana, allowing the release of an accused under police custody, which was contested by the Enforcement Directorate (ED).
Provisions Under PMLA Section 45
Section 45 of PMLA mandates certain conditions before granting bail, including giving the public prosecutor an opportunity to oppose the application and ensuring no likelihood of committing further offenses while on bail.
Case in Hand
The ED contested the release of Narinder Khillan under police custody for four days by the PMLA court in Panchkula. Khillan sought release to procure documents to respond to a show-cause notice issued by the ED regarding alleged money laundering.
Court’s Observations
The high court noted that the twin conditions of Section 45 apply to bail, not to release in police custody. It emphasized the importance of allowing the accused to gather necessary documents for a proper response to the ED’s notice.
Judge’s Concerns for Release in Police Custody
The primary concerns for the judge while ordering release in police custody include preventing accomplices from forcibly releasing the accused, avoiding flight risks, and ensuring the accused’s safety.
Multiple Choice Questions (MCQs):
- What is the primary distinction between release from prison in police custody and bail according to the court’s decision?
- a) Release from police custody involves continued detention, while bail does not.
- b) Bail requires a bond, while release from police custody does not.
- c) Both involve complete freedom from detention.
- d) Bail involves police supervision, while release from police custody does not.
- Answer: a) Release from police custody involves continued detention, while bail does not.
- Under which section of the Prevention of Money Laundering Act (PMLA) are the conditions for granting bail mandated?
- a) Section 50
- b) Section 45
- c) Section 25
- d) Section 60
- Answer: b) Section 45
- What was the purpose of Narinder Khillan’s request for release under police custody?
- a) To evade prosecution
- b) To gather documents for responding to a show-cause notice
- c) To escape from the country
- d) To engage in further money laundering activities
- Answer: b) To gather documents for responding to a show-cause notice
- According to the court, when do the twin conditions of Section 45 of PMLA apply?
- a) Only when the accused is released on interim bail
- b) Only when the accused is released on regular bail
- c) Only when the accused is released under police custody
- d) Only when the accused is released without any conditions
- Answer: b) Only when the accused is released on regular bail