New Delhi: The Supreme Court has delivered a significant judgment granting bail to an alleged red sanders smuggler in a money laundering case, applying provisions of the new Bharatiya Nagarik Suraksha Sanhita (BNSS).
Justices Abhay S. Oka and Augustine George Masih made important observations on the applicability of BNSS provisions to PMLA cases and the rights of undertrial prisoners.
Supreme Court Applies BNSS Provisions to Money Laundering Case, Citing Section 479
The court addressed an appeal filed by Badshah Majid Malik against the Bombay High Court’s order denying him bail in a PMLA case. The court observed, “It has been noted that in the case of Vijay Madanlal Chaudhary vs. Union of India, (2022) SCC Online SC 926, the beneficial provision of Section 436A of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’) may apply to prosecution under the Prevention of Money-Laundering Act, 2002 (for short, ‘the PMLA’), as Section 436A was added to the statute book after the enactment of the PMLA.”
The court highlighted the applicability of BNSS provisions, stating, “Therefore, a corresponding provision of Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) will apply to prosecution under the PMLA.”
Court Highlights Rights of Undertrial Prisoners, Orders Bail Under BNSS 2023
Regarding the appellant’s case, the court noted, “In the facts of the case, it is undisputed that the appellant has not been convicted of any offence in the past. Therefore, the first proviso to sub-section (1) of Section 479 of the BNSS will apply to this case, as it is admitted that the appellant has undergone detention for a period exceeding one-third of the maximum imprisonment provided for the alleged offence.”
The court granted bail to the appellant, ordering, “Hence, the appeal is allowed. The appellant is ordered to be enlarged on bail in terms of the first proviso to sub-section (1) of Section 479 of the BNSS. For that purpose, we direct that the appellant be produced before the Special Court within a maximum period of one week from today.”
To ensure the proper implementation of its order, the court provided specific instructions for the appellant’s release on bail, including directing the Special Court to set appropriate terms and conditions.
Mr. Mukul Rohatgi, Senior Advocate, appeared on behalf of the appellant, along with other counsel. Mr. Suryaprakash V. Raju, Additional Solicitor General, appeared on behalf of the respondents, along with other counsel.
Badshah Majid Malik vs. Directorate of Enforcement & Ors.
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