Monetary Threshold Exemption Under Section 45 PMLA for Individual Accused in Syndicates

sketch of the Bombay High Court
Case
THE DIRECTORATE OF ENFORCEMENT THR THE ASSISTANT DIRECTOR v. NIHAL VADAKKENCHERRY NAZER @ NIHAL V. N. @ NIHAL RAK (Bombay High Court, 21-09-2026)
Law
Bharatiya Nagarik Suraksha Sanhita, Narcotic Drugs and Psychotropic Substances Act.

Highlights of the Judgment:

  • Examination of the monetary threshold exemption under the first proviso to Section 45(1) of the PMLA.
  • Analysis of whether an individual accused handling a fractional sum can claim the sub-one-crore exception when overall syndicate proceeds exceed the limit.
  • Interpretation of Section 3 regarding the scope of individual versus collective money laundering liability.
  • Application of statutory presumptions under Sections 23 and 24 concerning interconnected transactions and burden of proof.
  • Standards for judicial review and cancellation of bail granted by a Special Court under anti-money laundering legislation.