Case Note & Summary
The applicant, Jayram Vinayak Deshpande, was a Sub-Divisional Officer at Dapoli who granted NA permission for land in Gat No. 446 at Murud, which fell within CRZ-III area. The Ministry of Environment, Forest and Climate Change filed a private complaint for violation of the Environment (Protection) Act, 1986, which became a scheduled offence under the Prevention of Money Laundering Act, 2002 (PMLA). The Enforcement Directorate registered ECIR No. ECIR/MBZO-I/57/2022 and arrested the applicant on 13/03/2023. The applicant filed a bail application under Section 439 CrPC read with Section 45 PMLA. The court considered the twin conditions under Section 45 PMLA and found that the applicant had no direct role in money laundering and was not likely to commit any offence while on bail. The court granted bail on certain conditions.
Headnote
A) Criminal Law - Bail - PMLA - Section 45 PMLA - Twin Conditions - The court considered the application for bail under Section 439 CrPC read with Section 45 PMLA. The applicant, a Sub-Divisional Officer, was accused of granting NA permission for land in CRZ-III area, allegedly aiding money laundering. The court examined whether the twin conditions under Section 45 PMLA were satisfied. Held that the applicant had made out a case for bail as there was no prima facie evidence of his involvement in money laundering beyond the scheduled offence. (Paras 1-14) B) Environmental Law - Scheduled Offence - PMLA - Section 3 and 4 PMLA - The scheduled offence under the Environment (Protection) Act, 1986 (Section 15 read with Section 7) formed the basis of the PMLA case. The court noted that the applicant's role was limited to granting NA permission, and the proceeds of crime were not directly attributable to him. Held that the applicant was not likely to commit any offence while on bail. (Paras 3-14)
Issue of Consideration
Whether the applicant is entitled to bail under Section 439 CrPC read with Section 45 PMLA for offences under Sections 3 and 4 of PMLA.
Final Decision
Bail granted to the applicant on certain conditions.
Law Points
- Bail under PMLA
- Section 45 PMLA twin conditions
- Section 439 CrPC
- Scheduled Offence under PMLA
- Environment (Protection) Act
- 1986
- CRZ-III
