2024 (7) TMI 1552 - HC - Money Laundering

Money Laundering - seeking grant of bail on medical grounds - second bail application - HELD THAT - Since a panel of doctors headed by Dr. Jaya Nawani, HOD, Department of Psychiatry, Government Doon Medical College, Dehradun has reported that the applicant is not a Psychopathology patient and she has no signs of depression and she does not require any medication for that purpose, there is no reason to consider releasing the applicant on this ground. Therefore, the second bail application of the applicant deserves to be rejected. The second bail application is rejected.

Summary

Issues:
Bail application based on health grounds.

Analysis:
The judgment involves a bail application made by the applicant who is in judicial custody under Sections 3/4 of the Prevention of Money Laundering Act, 2002. The applicant, in her second bail application, claimed to be unwell with psychological problems and sought release on bail due to health reasons. The applicant's first bail application had already been rejected earlier. The applicant's counsel argued that she had been referred to a higher center by the Department of Clinical and Rehabilitation Psychology due to her health condition. On the other hand, the Directorate of Enforcement, through its counsel, contended that a panel of doctors from Government Doon Medical College had examined the applicant and found no behavioral disturbance or need for hospitalization or pharmacotherapy based on their assessment.

The court, after hearing both parties and examining the reports, found discrepancies in the interpretation of the medical reports provided by the doctors. Consequently, the court requested the Head of the Department of Psychiatry at Government Doon Medical College, along with another doctor from the panel, to assist in clarifying the reports. Subsequently, both doctors joined the proceedings through video conferencing. Dr. Jaya Nawani clarified that the applicant had been assessed by a panel of psychiatrists and no active psychopathology or symptoms of depression were observed. The report indicated inconclusive psychometric analysis and no behavioral disturbances as per the jail authority's report.

Dr. Jaya Nawani confirmed that the applicant did not require hospitalization or medication for psychiatric issues. The panel had referred the applicant to other departments for her complaints of hypothyroidism, dizziness, and chest pain. Dr. Nawani emphasized that there was no need for the applicant to be referred to a higher center for psychological problems and no medication had been prescribed for psychiatric issues. Based on the comprehensive examination and reports, the court concluded that the applicant did not exhibit signs of psychopathology or depression, and therefore, there was no justification for granting bail on health grounds. Consequently, the court rejected the applicant's second bail application based on the medical findings and recommendations provided by the panel of doctors from Government Doon Medical College.