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november 2017

Supreme Court of India · 2017-11-23

NIKESH TARACHAND SHAH vs UNION OF INDIA

Citation / case number
SC 2017/13393
Court
Supreme Court of India
Petitioner
NIKESH TARACHAND SHAH
Respondent
UNION OF INDIA
Author
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Bench
HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court upheld the constitutional validity of Section 45 of the Prevention of Money Laundering Act, 2002, which imposes specific conditions for granting bail in cases involving serious offences. The Court emphasized that the Public Prosecutor must be allowed to oppose bail applications, and the court must find reasonable grounds for believing the accused is not guilty and will not commit further offences while on bail. The judgment reinforces the legislative intent to combat money laundering effectively, balancing individual rights with societal interests.

NIKESH TARACHAND SHAH vs UNION OF INDIA · Niyam