In Brief
Two alleged money launderers (under the Prevention of Money Laundering Act, 2002) arrested on 14 May 2020 were remanded repeatedly in custody. The Enforcement Directorate filed a chargesheet on 13 July 2020 (the 61st day if the remand date is included, but within 60 days if excluded). The Supreme Court settled a longstanding legal dispute: whether the 60/90-day custody period under Section 167(2) of the Criminal Procedure Code includes or excludes the date of remand. The Court held that the date of remand must be included, making the accused entitled to default bail once the period expires without a chargesheet. This right is a fundamental part of the procedure established by law protecting personal liberty under Articles 21 and 22(2). The Court overruled contrary precedent and upheld the High Court's order granting default bail to the respondents.
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