Bail granted considering prolonged detention without trial, under stringent conditions to ensure compliance and prevent flight risk.
In a significant development, the Calcutta High Court has granted bail to Prasenjit Das, who has been in custody since February 9, 2023, in connection with a money laundering case under the Prevention of Money Laundering Act (PMLA), 2002. The case, which involves allegations of opening dummy firms and misleading investors, was heard by Justice Suvra Ghosh. The petitioner was granted bail on the premise of prolonged detention without trial, which was argued as a violation of Article 21 of the Constitution of India, safeguarding the right to life and personal liberty.
The bail was granted under stringent conditions to mitigate any flight risk and ensure compliance with legal proceedings. These conditions include surrendering his passport, restrictions on travel outside the jurisdiction of the trial court without permission, providing residence details, and appearing at every court hearing. The court also instructed that the petitioner should not tamper with evidence or intimidate witnesses.
The Enforcement Directorate (ED) opposed the bail, citing the serious nature of economic offenses and the risk of tampering with evidence. However, the court, emphasizing constitutional principles, noted that the petitioner's detention for over three years without trial amounted to punitive detention, which was not permissible under Article 21. The court highlighted the need to balance statutory provisions with constitutional rights, leaning towards constitutionalism and liberty.
Justice Suvra Ghosh, while granting bail, clarified that the observations made are solely for the purpose of the bail application and should not influence the trial proceedings. The court imposed a bond of Rs. 10,00,000 with adequate sureties and laid out specific conditions to ensure that the petitioner does not engage in any criminal activity or contact with witnesses.
This judgment underscores the judiciary's role in protecting constitutional rights while navigating complex statutory frameworks, especially in cases involving economic offenses. The court's decision is expected to have broader implications for similar cases where prolonged detention without trial is a concern.
Bottom Line:
Bail granted under the Prevention of Money Laundering Act (PMLA) on the touchstone of Article 21 of the Constitution of India, considering prolonged detention without trial, and stringent conditions imposed to mitigate flight risk and ensure compliance.
Statutory provision(s):
Prevention of Money Laundering Act, 2002 Section 45, Constitution of India, 1950 Article 21, Evidence Law Section 50 of PMLA.
Prasenjit Das v. Enforcement Directorate, (Calcutta) : Law Finder Doc id # 2866833
