Bail - Criminal Law – Money Laundering – Proceedings under the Prevention of Money Laundering Act (PMLA) – Involvement in Money Laundering – The Supreme Court examined the involvement of the appellants in the offence of money laundering as defined under Section 3 of the PMLA. The bench evaluated evidence, including statements and documents submitted under Section 50 of the Act, revealing the appellants' roles in acquiring and controlling proceeds of crime through various companies. [Para 22-28]

Definition and Scope of Money Laundering – Clarified – The Court elucidated the definition of money laundering under Section 3 of PMLA, emphasizing its broad scope that encapsulates every activity related to dealing with the proceeds of crime. The Court clarified that mere possession of undisclosed income, irrespective of its volume, does not automatically attract the definition of 'proceeds of crime' unless linked to a scheduled offence. [Para 21, 22]

Beneficial Ownership – Involvement in Money Laundering – The Court found that the appellant Satyendar Kumar Jain, by virtue of being the beneficial owner of the companies involved, was responsible for orchestrating accommodation entries amounting to Rs. 4.81 crores, indicating his direct involvement in money laundering activities. [Para 25, 26]

Income Declaration Scheme (IDS) – Misrepresentation of Facts – The appellants, Ankush Jain and Vaibhav Jain, were found to have made false declarations under IDS, misleading the Income Tax authorities to shield the primary appellant, Satyendar Kumar Jain. This act was linked to assisting in money laundering under the PMLA. [Para 26-29]

Decision – Dismissal of Bail Applications – The Court dismissed the appeals, finding the appellants prima facie guilty of the offence of money laundering as defined under Section 3 of PMLA. The appellants failed to satisfy the twin conditions of Section 45 of PMLA for grant of bail. [Para 30-34]

Judgment: Bail Denied – The Supreme Court denied bail to the appellants, reaffirming their prima facie involvement in money laundering and the seriousness of the allegations under PMLA. The Court underscored the necessity to meet stringent conditions for bail under special laws like PMLA. [Para 32-34]

Decision: Appeals of Satyendar Kumar Jain, Ankush Jain, and Vaibhav Jain dismissed – Denial of bail upheld by the Supreme Court – Appellants failed to satisfy conditions for bail under Section 45 of PMLA – Satyendar Kumar Jain directed to surrender forthwith. [Paras 30-34]

Criminal Law – Murder and Attempt to Murder – Acquittal – The Supreme Court overturned the convictions for murder under Section 302 and attempt to murder under Section 307 of the Indian Penal Code (IPC). The appellants, Periyasamy (A1) and R. Manoharan (A2), were acquitted of all charges. The Court found inconsistencies in witness testimonies, absence of independent witnesses, delay in filing the FIR, lapses in the police investigation, and lack of corroborative medical and scientific evidence. [Para 48, 49, 50]

Evidence – Testimony of Injured and Interested Witnesses – The Court held that the testimonies of the injured witnesses (PW-1 and PW-2) and the Investigating Officer (PW-22) were not credible. The Court observed that despite being in a crowded area, no independent witnesses were examined, and the investigation failed to meet the standard of scrutiny applied in criminal proceedings. [Para 31, 33, 36, 43, 47]

Faulty Police Investigation – The Court criticized the police investigation for its casual and callous approach, noting the absence of scientific investigation at the crime scene, non-examination of critical medical personnel, and failure to provide a clear sequence of events leading to the arrests. [Para 22, 43, 44, 47]

Right of Private Defence – Although raised as a secondary argument by A-1, the Court did not delve into the question of the right of private defence due to the acquittal based on the primary arguments. [Para 49]

Decision – Acquittal – The Supreme Court allowed the appeals and set aside the convictions of A-1 and A-2, directing their immediate release unless required in any other case. The Court underscored the principle that criminal convictions must be based on evidence that meets the standard of proof beyond reasonable doubt, which was not met in this case. [Para 50]

Bail Amount Reduction –  Challenging High Court's decision maintaining high surety for bail – Petitioner, a retired office clerk, unable to furnish Rs 10 lakhs surety as ordered by High Court and Additional Chief Judicial Magistrate, Prayagraj – Supreme Court finds high bail amount infringes Article 21, right to life and personal liberty – Surety reduced to Rs 25,000. [Paras 1-7]

Bail and Right to Personal Liberty – Analysis – Held – Setting unreasonably high bail amount contradicts the purpose of bail and infringes constitutional rights – Supreme Court emphasizes reasonableness in setting surety, especially considering petitioner's economic status and inability to pay high amount. [Para 4-5]

Decision – Reduction of Bail Amount – Supreme Court orders reduction of surety and personal bond from Rs 10 lakhs to Rs 25,000 – Emphasizes fair and reasonable interpretation of bail conditions in alignment with the principles of personal liberty under the Constitution. Special Leave Petition disposed with modified terms of bail and surety. [Paras 6-8]

Customs Law – Valuation of Imported Goods – Assessment and Penalties – The Supreme Court addressed the dispute over the valuation of imported camera stabilizer devices and the applicability of penalties under the Customs Act, 1962. The Court scrutinized the adjudication process, the comparison of the imported goods with previous imports, and the determination of assessable value under the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007. [Para 1-4, 8-9]

Validity of Valuation by Customs Authorities – upheld – The Court upheld the decision of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) which had restored the order-in-original of the adjudicating authority. It was held that the imported goods were correctly assessed as being identical/similar to previously imported goods, thereby justifying the rejection of the declared transaction value and the revised assessment. [Para 8-9]

Challenge of Limitation Period for Appeal – considered – The Court discussed the issue of whether the appeal by the Revenue was barred by limitation, considering the time taken by the Committee of Commissioners to exercise their power under Section 129A(2) of the Customs Act. It was held that the decision was taken within a reasonable time frame, given the extraordinary circumstances of the COVID-19 pandemic. [Para 7]

Imposition of Penalties – justified – The Supreme Court found no error in the imposition of penalties on the appellant under Sections 112(a) and 114AA of the Customs Act for misdeclaration and undervaluation of imported goods. [Para 10]

Decision – Appeal Dismissed – The Supreme Court dismissed the appeal of M/s Global Technologies and Research, affirming the decisions of the CESTAT and the adjudicating authority in assessing the value of the imported goods and imposing penalties. [Para 10]

Pensionary Benefits – Judicial Service – Inclusion of Service as High Court Judge – issue of including the service period of a former District Judge, later appointed as a High Court Judge, for the computation of pensionary benefits. The court examined whether the break in service between her tenure as District Judge and High Court Judge affects her pension entitlements under the High Court Judges (Salaries and Conditions of Service) Act, 1954. [Para 4, 14, 27-28]

Article 217 and 221, Constitution of India – Judicial Appointments and Pension Rights – The Court interpreted Articles 217 and 221 of the Constitution concerning the eligibility for appointment as a High Court Judge and the provision regarding salaries, allowances, and pensions of High Court Judges, respectively. The statutory framework of the High Court Judges (Salaries and Conditions of Service) Act, 1954 was scrutinized in this context. [Para 6-9, 11-13]

High Court Judge – Interpretation of Pensionable Service – The Supreme Court interpreted the relevant provisions of the High Court Judges (Salaries and Conditions of Service) Act, 1954, especially Sections 14 and 15, to determine the computation of pensionary benefits for a Judge who has served both as a District Judge and a High Court Judge. The court focused on the inclusion of service periods and the impact of any service break. [Para 21-23, 26-27]

Decision – Entitlement to Pension Based on Total Service Including as High Court Judge – The Supreme Court held that the service period of the respondent as a High Court Judge should be included with her service as a District Judge for calculating pension. It was ruled that the break in service should not adversely impact the pension computation. The pension was to be computed based on her last drawn salary as a High Court Judge. [Para 31-32]

Decision – Non-Discrimination in Pension Calculation for Judges – Emphasizing the principle of non-discrimination, the Court observed that Judges, irrespective of being elevated from the district judiciary or the bar, should be accorded equal treatment in the computation of pension. [Para 29-30]

Negotiable Instruments Act, 1881 – Section 143A – Exercise of Power – Discretionary nature – Held, the exercise of power under Section 143A(1) is discretionary, not mandatory. The Court must engage in a prima facie evaluation of the merits of the case and consider the accused’s financial distress and other relevant factors before directing payment of interim compensation. The word ‘may’ in the provision cannot be read as ‘shall’. [Para 19(a)]

Negotiable Instruments Act, 1881 – Section 143A – Factors for Consideration – In determining whether to grant interim compensation, the Court should evaluate the merits of the complaint, the strength of the defence, the nature of the transaction, and the relationship between the parties. The Court must record reasons for its decision, considering all relevant factors, including financial distress of the accused. [Para 19(b), (c)]

Decision – Directive for Reconsideration of Interim Compensation – The Supreme Court set aside the orders of the lower courts for lack of proper application of mind to relevant factors and directed the Trial Court to reconsider the application for interim compensation afresh in line with the principles laid down. [Para 18, 19]

Decision – Partly Allowed Appeal – The appeal was partly allowed, emphasizing the need for judicial discretion and consideration of various factors in granting interim compensation under Section 143A of the Negotiable Instruments Act, 1881. [Para 20]

Criminal Law – Appeal against Conviction- Identification of Accused – Faulty Procedure – Supreme Court examines the validity of the identification process in a criminal case, specifically addressing the impact of lack of proper identification parade. The Court scrutinizes the manner in which the appellant was identified by the key witness and the implications of the absence of a formal identification parade. [Para 5-6]

Identification Parades – Necessity and Impact on Criminal Trials – held – emphasizes the crucial role of identification parades in criminal trials, especially in cases where the accused is identified by a witness for the first time in court. The Court discusses the reliability of such identification in the absence of a formal identification parade. [Para 6-7]

Evidence – Reliability of Witness Identification – The Supreme Court re-evaluates the reliability of the key witness's identification of the appellant in court, considering that the identification was influenced by prior exposure to the accused by police, without an official identification parade. [Para 5-6]

Acquittal on Grounds of Unreliable Identification – The Supreme Court, upon finding the primary evidence against the appellant, i.e., witness identification, to be unreliable and tainted by improper procedure, sets aside the judgments of the lower courts. The appellant is acquitted of the charges due to the insufficiency and doubtful nature of the evidence presented. [Para 8-10]

Decision – Acquittal of the Appellant – The Supreme Court allows the appeal, acquitting the appellant of all charges, on the basis that the identification process was flawed and the evidence presented was not credible enough to sustain a conviction. [Para 9-10]

Anticipatory Bail Rejection – Proclamation Under Section 82, Cr.PC – Non-Entitlement: When an accused, against whom a non-bailable warrant is pending and proceedings under Sections 82/83, Cr.PC are initiated, is not entitled to the relief of anticipatory bail. The appellants’ contention that their pending application for anticipatory bail should be considered on its merits, despite the issuance of a proclamation under Section 82, Cr.PC, was rejected. [Paras 4-6, 16, 24-26]

Absconding Accused – Definition and Legal Implications: An accused is considered absconding if they are hiding or concealing themselves to avoid arrest. Filing an anticipatory bail application does not equate to appearing before the court for proceedings under Section 82/83, Cr.PC. Physical appearance in court is crucial. [Paras 11, 20, 21]

Procedure After Filing Anticipatory Bail Application – No Statutory Bar: The pendency of an anticipatory bail application without interim protection does not bar a trial court from issuing a proclamation under Section 82, Cr.PC or taking steps under Section 83, Cr.PC. The Court may adjourn such applications without interim orders. [Paras 22-23]

Court’s Discretion in Granting Anticipatory Bail: The power to grant anticipatory bail is extraordinary and should be exercised in exceptional cases. The consistent disobedience of court orders, failure to appear, and evasion of arrest disentitle the accused from seeking the benefit of pre-arrest bail. [Paras 8, 24-25]

Decision – Appeal Dismissed: The Supreme Court upheld the High Court’s decision, noting the appellants’ consistent defiance of lawful court orders and attempts to delay proceedings. [Para 26]

Interpretation of Three Vintage Legislations – The judgment focuses on the interpretation and harmonious construction of the Maharashtra Hereditary Offices Act, 1874, Maharashtra Tenancy and Agricultural Lands Act, 1948, and Maharashtra Revenue Patels (Abolition of Offices) Act, 1962 in relation to the rights over Watan lands [Paras 1, 14, 17, 20, 21].

Tenancy Rights under Watan Lands – The Court examined whether the tenancy of lands held under Watan rights was legally subsisting on the date of enactment of the Abolition Act, and its impact on the rights of tenants and Watandars [Paras 7, 8, 11, 22, 23, 30, 32, 33].

Application of Tenancy Act to Watan Lands – The judgment clarifies that the Tenancy Act applied to Watan lands, and the exemption provided under Section 88CA of the Tenancy Act ceased upon the enforcement of the Abolition Act [Paras 21, 22].

Rights of Tenants to Purchase Watan Lands – The tenants had the right to purchase the tenanted agricultural Watan lands under Section 32 of the Tenancy Act, as the exemption afforded by Section 88CA ceased with the Abolition Act. This right became operational when the Watan lands were regranted to the heirs of the original Watandar [Paras 23, 24, 27-29, 33].

Tenancy and Agricultural Lands – Applicability to Watan Lands – The court examined the applicability of the Maharashtra Tenancy and Agricultural Lands Act to Watan lands. It concluded that not all Watan lands were to be treated as Government lands, and the Tenancy Act applied to the subject Watan lands, excluding those assigned as remuneration for service under Section 23 of the 1874 Act. [Para 19-21, 23]

Validity of Tenancy Rights – Continuation Post Watan Abolition – It was held that the tenancy rights were lawfully subsisting on the appointed day under the Abolition Act. The tenants were entitled to exercise their statutory right to purchase these tenanted agricultural Watan lands under the Tenancy Act, following the cessation of exemption under Section 88CA of the Tenancy Act. [Para 22-24, 32-33]

Invalidity of Orders Under 1874 Act Post Introduction of Tenancy Act – The court deemed orders passed under Sections 5, 11, and 11A of the 1874 Act (concerning recovery of possession from tenants) invalid after the introduction of the Tenancy Act. The legal heirs of the original Watandar were not entitled to take lawful possession from the tenants under these provisions. [Para 31-33]

Rejection of Appellants' Claims – The appeal by the legal heirs of the original Watandar against the tenants was dismissed. The Court held that the legal heirs could not lawfully take possession of the lands from the tenants under Sections 5, 11, and 11A of the 1874 Act after the death of the original Watandar [Paras 32, 33].