The apex court recentlu struck down section 45 of PML act.
Mumbai: The Enforcement Directorate (ED) has opposed former deputy chief minister of Maharashtra Chhagan Bhujbal’s bail plea on Tuesday, arguing before the special Prevention of Money Laundering Act (PMLA) court that even though the Supreme Court has struck down section 45 of PML act, it does not mean all the accused, including the NCP leader, should be granted bail. The section had laid down that before granting bail in a PMLA case, the court should satisfy itself that the accused is not guilty of the offence and he is not likely to commit any offence while on bail.
According to the CBI, the court has to see proceeds of crime and if it is shown as untainted money still the burden of proof to show that there was no money laundering is on the accused. The ED would continue arguments on Bhujbal’s bail plea on Thursday.
“Even if section 45 is not considered that does not mean that the accused arrested under PML act is entitled to bail in all circumstances. The court now has to consider the bail on merits if prima facie there is proceeds of crime and it is shown as untainted money than under section 24 of the PMLA the burden of proof is still on the accused. The accused has to show that he has gained the money from legal sources and he has to show the source otherwise he should not be granted bail,” argued ED counsel Hiten Venegaonker while opposing the bail application filed by Bhujbal.
The advocate emphasised on ED case that Bhubjal allegedly gained monitory benefits through shell companies in Maharashtra Sadan scam.