"We must not forget that Section 45 is a drastic provision which turns on its head the presumption of innocence which is fundamental to a person accused of any offence. Before application of a section which makes drastic inroads into the fundamental right of personal liberty guaranteed by Article 21 of the Constitution, we must be sure that such provision furthers a compelling state interest for tackling serious crime. "All such orders are set aside, and the cases remanded to the respective courts to be heard on merits, without application of the twin conditions contained in Section 45 of the 2002 Act. It said that such stringent provision could be justified in heinous offences punishable by death or life imprisonment but such tough condition was not justified in money laundering cases. "This court upheld such a condition only because the offence under TADA was a most heinous offence in which the vice of terrorism is sought to be tackled.

Source: Times of India November 23, 2017 14:45 UTC