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Prem Prakash vs. Union of India Through The Directorate of Enforcement

Not available · 2024 INSC 637Decided 28 Aug 2024
Not available
Justice B.R. Gavai · Justice K.V. Viswanathan

Background

The appellant was accused, along with several others, of money laundering linked to an allegedly forged sale deed and a chain of fraudulent land transactions in Ranchi, with the Enforcement Directorate alleging he beneficially controlled a firm that received part of the proceeds. He was already in judicial custody in an unrelated case (ECIR No. 4 of 2022) when his arrest was recorded in this case and his statements were taken. His bail was rejected by the Special Court and the Jharkhand High Court.

Decision Breakdown

The Supreme Court granted bail, holding first that statements recorded from a person already in judicial custody in a separate case investigated by the same agency are inadmissible against him under Section 25 of the Evidence Act, since such a person cannot be treated as making a statement with a free mind. Examining the remaining material, co-accused statements (which carry limited evidentiary weight against him) and the money trail, the Court found no prima facie evidence establishing his involvement in the forgery or money laundering, meaning the twin bail conditions under Section 45 PMLA were satisfied. The Court also reaffirmed that prolonged pre-trial detention (over a year, with trial not yet begun) strengthens, not weakens, a bail claim, even in serious economic offence cases.

Lesson Learnt

Statements taken from someone already in judicial custody in a different case, by the very agency investigating the new case, cannot be used against him as if freely given, and "bail is the rule, jail is the exception" applies even under strict laws like the PMLA when the evidence and delay in trial support it.

Official source (sci.gov.in)View Judgment (PDF)

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