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  • Bail Drafting - DPC

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    Shradha Malik
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    Mr. X, the excise minister of Arunachal Pradesh, is accused of money laundering related to changes made to the state's excise policy. The prosecution has presented evidence linking benefits to a South Lobby but not directly to the accused. The accused has been in custody for over a year during trial. As the defense lawyer, the bail application argues that the accused should be granted bail due to medical reasons, trial delays, and potential issues with the prosecution's case, and that further detention would violate the accused's constitutional rights. Relevant judgments, provisions of the Prevention of Money Laundering Act of 2002, and standards of proof will be discussed.

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    Mr. X, the excise minister of Arunachal Pradesh, is accused of money laundering related to changes made to the state's excise policy. The prosecution has presented evidence linking benefits to a South Lobby but not directly to the accused. The accused has been in custody for over a year during trial. As the defense lawyer, the bail application argues that the accused should be granted bail due to medical reasons, trial delays, and potential issues with the prosecution's case, and that further detention would violate the accused's constitutional rights. Relevant judgments, provisions of the Prevention of Money Laundering Act of 2002, and standards of proof will be discussed.

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    © All Rights Reserved
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    13 views1 page

    Bail Drafting - DPC

    Uploaded by

    Shradha Malik
    Mr. X, the excise minister of Arunachal Pradesh, is accused of money laundering related to changes made to the state's excise policy. The prosecution has presented evidence linking benefits to a South Lobby but not directly to the accused. The accused has been in custody for over a year during trial. As the defense lawyer, the bail application argues that the accused should be granted bail due to medical reasons, trial delays, and potential issues with the prosecution's case, and that further detention would violate the accused's constitutional rights. Relevant judgments, provisions of the Prevention of Money Laundering Act of 2002, and standards of proof will be discussed.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 1

    DPC_BBLB

    Vrinda Singh

    BAIL DRAFTING EXERCISE

    Mr X is the excise minister in the State of Arunachal Pradesh. During his tenure, him and his team
    revamped the excise policy in the state. Some of the changes included privatization of the liquor
    production and retail business, home delivery of liquor etc. Soon after the new policy was released,
    complaints were raised against it by the economic wing, CBI, and Enforcement Directorate. It was
    alleged that the new policy was framed to provide undue benefit to the liquor vend licensees. The
    charges of money laundering were framed against Mr X and his team.

    The prosecution has presented substantial evidence related to the benefit being derived by one
    South Lobby, however, the evidence is not sufficient to link it to the accused. The accused has been
    in custody for over a year during the trial process. The prosecution claims that the detention of the
    accused is necessary for the investigation.

    The defense argues that the accused is entitled to bail on various grounds, including medical
    reasons, delay in the trial, and potential inconsistencies in the prosecution's case. The defense also
    contends that the accused's constitutional rights are being violated due to prolonged pre-trial
    detention.

    As the defence lawyer, draft an appropriate bail application quoting relevant Supreme Court
    judgments in your favor. Discuss relevant provisions from Prevention of Money Laundering Act,
    2002 (“PMLA”) and the burden of proof in such cases.

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