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Directorate of Enforcement v. M. Gopal ReddyIn the Supreme Courtroom of IndiaCrl. A. 534/2023, SLP (Crl) 8260/2021Before Justice M.R. Shah and Justice C.T. RavikumarDecided on February 24, 2022
Relevancy of the Case: Attraction towards the grant of anticipatory bail in a case involving cash laundering by modifying the tender bids by hacking the e-procurement portal
Statutes and Provisions Concerned
The Prevention of Cash-Laundering Act, 2002 (Part 3, 4, 13(2), 17(1), 45)
The Indian Penal Code, 1860 (Part 120B, 420, 471)
The Code of Felony Process, 1973 (Part 438)
Related Information of the Case
The Excessive Courtroom of Telangana granted anticipatory bail to the respondent earlier. The company was not happy with the Excessive Courtroom’s order, so it has challenged the identical earlier than the Supreme Courtroom.
The preliminary investigation has revealed the respondent’s function in manipulating and tampering with e-tenders. Nevertheless, the FIR didn’t initially title the respondent.
A search of his workplace and residence revealed a number of incriminating paperwork and digital proof.
Distinguished Arguments by the Advocates
The appellant’s counsel argued that the Excessive Courtroom had erred in not making use of Part 45 of the Prevention of Cash-Laundering Act, 2002 whereas coping with the respondent’s anticipatory bail software.
The respondent’s counsel contended that Part 45 was not relevant within the current case. The courtroom had beforehand discharged different accused individuals within the current case.
Opinion of the Bench
The anticipatory bail proceedings will fall below the provisions of Part 45 of the Prevention of Cash-Laundering Act, 2002.
The Excessive Courtroom failed to grasp the seriousness of the offence. It made an error whereas granting the anticipatory bail to the accused. Subsequently, the stated order is unsustainable.
A courtroom can not acquit an accused as a result of it discharged all the opposite accused individuals.
Remaining Resolution
The bench quashed the Excessive Courtroom’s order granting anticipatory bail to the respondent.
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