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	Blog Categories All Constitution (3) Criminal Laws (27) Income Tax Updates (99) miscellaneous (3) Professional Updates > Criminal Laws Professional Update Category: Criminal Laws, Posted on: 27/05/2024 , Posted By: CA SHIKHAR GARG Visitor Count:48 Professional Update (Criminal Case laws) Special Leave to Appeal 5890/2024 (Supreme Court) Sunil Kumar Aggarwal vs Directorate of Enforcement. Facts. The present application is filed for the grant of the regular bail for the ECIR registered by the ED, zonal office, Raipur, Chhattisgarh for the offence punishable u/s 3 & 4 of the PMLA, 2002. The FIR was registered against the accused for obstructing the income tax authority to conduct the search and seizure operation for destruction of the incriminating materials and not performing the official duty to the department official. The accused is also charges with the offence of destroying the ditigal documents related to the illegal extortion of the coal transportation. The chattisgarh police station filed a chargesheet wherein the offence of illegal destruction that is section 204 and 353 of the IPC were there. These offence are not a predicate offence under the PMLA schedule. Issue Whether the interim bail could be granted to the accused as the offence charged in the chargesheet are not the schedule offence under the PMLA. Held. The Supreme Court granted the interim bail to the accused as the schedule offence are not provided under the predicate offence under the PMLA regulations. The counsel for respondent has asked for 6 week to further obtain instruction from the ED. The court granted 6 week time to the respondent counsel and granted an interim bail as no offence is made under the PMLA Schedule. (Disclaimer: The information provided by the author in the article is for general informational purposes only. All information provided is in the good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information in the article.) CA Manoj Garg 9811275735 Disclaimer: The content of the blog does not create any responsibility of the firm / its authorized persons whose website is being accessed. The blog is not for legal use. Kindly verify the correctness of data/contents from your own sources. This is only for information purpose. To Activate comments you need to provide details for google authentication and facebook authentication

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