PMLA provisions can't be used to keep accused somehow in jail: SC

The Supreme Court on Wednesday observed that provisions of the Prevention of Money Laundering Act (PMLA) cannot be misused to "somehow" keep the accused behind bars. Granting bail to an IAS officer accused in the Chhattisgarh liquor case, a bench comprising justices Abhay Oka and Ujjal Bhuyan, said the "concept of PMLA cannot be to ensure that a person should remain in jail. I will tell you frankly, looking at several cases... see what happened in 498A (cruelty against married women) cases, if this is the approach of ED... but if the tendency is to keep the person somehow in jail, even after cognizance is quashed, what can be said?"

The bench noted that the accused was taken into custody on August 8 and since then remained in custody despite the high court quashing the session court's order taking cognizance of the complaint. The counsel for ED informed the bench that the order for taking cognizance was quashed on the grounds that sanction from the government was not taken and not that an offence is not made out. Justice Oka verbally observed "what kind of signals are we giving? Order taking cognizance is quashed - maybe whatever grounds, and the person is in custody since August 2024. What is all this?"

The bench granted bail to the accused holding that his custody cannot be continued after the quashing of the cognizance order.