BADSHAH MAJID MALIK Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) Leave granted.

(2.) It has been observed that in the case of Vijay Madanlal Chaudhary vs. Union of India, (2022) SCC Online SC 926 that the beneficial provision of Sec. 436A of the Code of Criminal Procedure, 1973, (for short, 'the Cr.P.C.')may apply to prosecution under the Prevention of Money-Laundering Act, 2002 (for short, 'the PMLA') as Sec. 436A has come on statute book subsequent to enactment of the PMLA. Therefore, a corresponding provision of Sec. 479(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS') will apply to prosecution under the PMLA. Sec. 479(1) reads thus:

(3.) In the facts of the case, it is not disputed that the appellant has not been convicted for any offence in the past. Therefore, the first proviso to sub-sec. (1) of Sec. 479 of the BNSS will apply to this case as admittedly, the appellant has undergone detention for a period of more than 1/3rd of the maximum period of imprisonment provided for the offence alleged against him.