2022 (9) TMI 1591 - HC - Money Laundering

Seeking release on bail - overlooking the provisions of Section 45 of the Prevention of Money Laundering Act, 2002, while granting bail - illegal transplant of human organ - HELD THAT - The Court acknowledged the need for a detailed hearing on the matter and directed the production of case diaries for the next hearing date. The respondent was given two weeks to file a response, with an advance copy to the petitioner. The case was listed for further proceedings on 12th October, 2022.

Summary

Issues involved: Bail cancellation u/s 482 Cr.P.C. based on PMLA provisions.

In the present case, the petitioner/ED sought the setting aside of the bail order granted to the respondent by the learned ASJ-03, West District, Tis Hazari Courts, Delhi. The petitioner contended that the respondent, who had multiple cases registered against him for illegal transplant of human organs and was convicted in one case, absconded after being released on bail in an enforcement case. The petitioner argued that the respondent, using an assumed name, continued the illegal activities in a different location, leading to a new case and an ECIR. The petitioner urged for bail cancellation and the respondent's custody based on the provisions of Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA), emphasizing the discretionary nature of bail in money laundering cases.

The respondent, on the other hand, defended the bail orders by highlighting the proviso to Section 45(1) of the PMLA, post-amendment, which grants the Trial Court the discretion to release on bail an accused in a money laundering case involving an amount less than a crore of rupees. The respondent argued that the bail granted was in line with this provision, as the alleged amount involved in the case was approximately Rs. 89 lakhs. The respondent maintained that there was no error in the Trial Court's decision and that the investigation was still ongoing, with only a portion of the victims identified.

The Court acknowledged the need for a detailed hearing on the matter and directed the production of case diaries for the next hearing date. The respondent was given two weeks to file a response, with an advance copy to the petitioner. The case was listed for further proceedings on 12th October, 2022. Additionally, the Court ordered that if the respondent was still in custody in Dehradun Jail, he should not be released without further directions from the Court. The Court also instructed the transmission of the order to the Jail Authorities at Dehradun and immediate uploading of the order on the website.