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Supreme Court Grants Bail to Two Accused in Chhattisgarh Coal Levy Scam Case

The Supreme Court of India, on October 4, granted bail to two accused, Laxmikant Tiwari and Shiv Shankar Naag, in connection with a money laundering case related to the Chhattisgarh coal levy scam. A bench comprising Justice Abhay Oka and Justice Augustine George Masih allowed the bail pleas primarily on two grounds: the prolonged incarceration of the accused and the absence of a scheduled offence at the time of the complaint and chargesheet filing.


The accused had been charged under the Prevention of Money Laundering Act, 2002 (PMLA), linked to the coal levy scam in Chhattisgarh. The Enforcement Directorate (ED) had arrested the duo, alleging that they were involved in the illegal levy of ₹25 per tonne on coal transported within the state, diverting funds for personal gain.


However, the defence argued that at the time of filing the complaint and the subsequent chargesheet, there was no scheduled offence under the PMLA against the accused, raising a legal issue regarding the sustainability of the prosecution. The absence of such an offence was a critical point considered by the Supreme Court while granting bail.


The court also noted the significant duration of incarceration faced by the accused, which contributed to the decision to grant bail. The prolonged pre-trial detention was highlighted as a violation of personal liberty, especially when weighed against the seriousness of the charges and the absence of a scheduled offence.


This decision by the Supreme Court follows the principles laid down in previous rulings, where prolonged pre-trial detention without clear justification or pending scheduled offences has been deemed a violation of fundamental rights.


The case remains under investigation by the Enforcement Directorate, and the bail granted to the accused is subject to stringent conditions to ensure their availability for future legal proceedings.






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