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.