Is The ED's Era On The Brink Of Collapse?

Introduction

Before the dawn of the enforcement directorate's ('ED') era, securing bail was as chaotic as a three-ringed circus. Accused persons were, in most instances, granted bail if they fulfilled the triple test doctrine to establish that -

1. they were not a flight risk,
2. they would not influence witnesses, and
3. they would not tamper with the evidence.

Once convinced, the concerned Court would subsequently enlarge the accused on bail. However, one fine day, without anyone having the slightest inkling, the rigours of s. 45 of the Prevention of Money Laundering Act, 2002 ('PMLA') crept in and dethroned the triple test doctrine to become the circus master.

This may be the right time to discuss the elephant in the room, aka s. 45 of the PMLA, as per which bail is only to be granted subsequent upon the satisfaction of twin conditions, which most might already be weary from. However, to reiterate (and emphasize), bail under the PMLA can only be granted