Nagpur: The Supreme Court on Wednesday said that it is not mandatory to give an Enforcement Case Information Report (ECIR) in every case to the person concerned and upheld the validity of certain provisions of the Prevention of Money Laundering Act (PMLA).
As reported by Live law, the top court upheld the constitutionality of the previous Sections 5, 8(4), 15, 17, and 19 of the PMLA, which relate to the ED’s power of arrest, attachment, search, and seizure. The court also upheld the reverse burden of proof under Section 24 of the Act and said that it has reasonable nexus with the objects of the Act.
The court also upheld the ‘twin-conditions for bail in Section 45 of the PMLA Act and said that the Parliament was competent to amend the said provision in 2018 even after the Supreme Court’s judgement in the Nikesh Tharchand Shah case.
The bench said that the Parliament is competent to amend Section 45 in the present form to cure the defects pointed out in the Supreme Court judgement.
(With inputs from LiveLaw)
