Now Reading: Delhi HC: Protection in predicate offence not automatic for PMLA cases
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Delhi HC: Protection in predicate offence not automatic for PMLA cases
The Delhi High Court has ruled that protection granted to an accused in a predicate offence FIR does not automatically extend to proceedings under the Prevention of Money Laundering Act (PMLA). Justice Madhu Jain made the observation while dismissing the anticipatory bail plea of Ram Singh, a businessman of Babaji Finance Group, in a money laundering case registered by the Enforcement Directorate (ED).
The court rejected the argument that Singh's arrest protection from the Supreme Court in the predicate offence should apply to the PMLA case. It noted that economic offences constitute a distinct class requiring a serious approach to bail. The ED had recorded reasons to believe Singh was the key conspirator, tracing proceeds of crime worth approximately Rs 26.18 crore to him.
The high court also noted Singh failed to join the investigation despite repeated summons, submitting only a written reply through counsel. 'The material placed on record… discloses sufficient material connecting the petitioner with the alleged proceeds of crime,' the court said, dismissing the anticipatory bail application.
Indian Opinion Analysis
This ruling tightens the legal position for accused in PMLA cases, reinforcing that each proceeding is independent. The PMLA places the burden of proof on the accused to show they are not guilty for bail purposes, unlike ordinary criminal law. With Rs 26.18 crore at stake and the ED alleging non-cooperation, Singh now faces arrest unless he gets relief from a higher court. Watch for whether he approaches the Supreme Court or surrenders, as the next step will test how this precedent applies in practice.
Source: hindustantimes.com
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