Prevention of Money Laundering Act, 2002- Proviso to Section 45 – Words “person is accused of money laundering” of threshold sum of Rs.1 crore does not refer to proceeds of crime. Therefore, even in cases where proceeds of crime is more than Rs.1 crore, active involvement of accused on his own or along with other co-accused of money laundering needs to be segregated for deciding as to whether benefit of proviso can be enlarged to such accused. (Para 17)

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPLICATION (MAIN) NO.864 OF 2026 (F)

(Corum: S. G. CHAPALGAONKAR, J.)

(Decided on :21.09.2026)

The Directorate of Enforcement, Government of India … Petitioner

Versus

Mr. Nihal Vadakkencherry Nazer

@ Nihal V. N. @ Nihal RAK, … Respondent

 

A) Prevention of Money Laundering Act, 2002- Proviso to Section 45 – Words “person is accused of money laundering” of threshold sum of Rs.1 crore does not refer to proceeds of crime. Therefore, even in cases where proceeds of crime is more than Rs.1 crore, active involvement of accused on his own or along with other co-accused of money laundering needs to be segregated for deciding as to whether benefit of proviso can be enlarged to such accused. (Para 17)

 

B) Cancellation of bail – Bail which is already granted by Special Court, unless it is shown that exercise of discretion by Special Court was pervert or fallacious, to such an extent, that it extents undue benefit to accused and causes prejudice to prosecution, order granting bail shall not be interfered. (Para 18 and 19)

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Directorate of Enforcement Versus Nihal Vadakkencherry Nazer