Union Of India Vs Kanhaiya Prasad 2025 INSC 210 - S 45 PMLA - Twin Conditions For Bail

Prevention of Money Laundering Act 2002 - Section 45 - The consideration of the two conditions mentioned in Section 45 is mandatory, and that while considering the bail application, the said rigours of Section 45 have to be reckoned by the court to uphold the objectives of the PMLA (Para 16)- Merely because the prosecution complaint had been filed and the cognizance was taken by the court that itself would not be the ground or consideration to release the accused on bail, when the mandatory requirements as contemplated in Section 45 have not been complied with. (Para 20)

Prevention of Money Laundering Act 2002 - The offence of money laundering is an independent offence regarding the process or activity connected with the proceeds of crime, which had been derived or obtained as a result of criminal activity relating to or in relation to a schedule offence. Hence, involvement in any one of such process or activity connected with the Proceeds of Crime would constitute offence of money laundering. This offence otherwise has nothing to do with the criminal activity relating to a schedule offence, except the Proceeds of Crime derived or obtained as a result of that crime. (Para 19)