2024 (9) TMI 247 - SCH - Money Laundering

Money laundering - procceds of crime - First bail application filed under section 438 of Cr.P.C - rejection of Remdesivir Injections at a higher price - offence under section 420, 488, 304, 308, 467, 468, 471, of IPC and 3/7 of Essential Commodities Act and section 3 of Epidemic Diseases Act - It was held by High Court that ' Considering the money trail produced by the prosecution, which clearly proves involvement of the applicant in the present case, in which proceeds of crime is Rs.2,89,00,000/-, this court is of the view that in view of the rigor of section 45 of the Act, 2002, the applicant is not entitled for anticipatory bail'. HELD THAT - The case is covered by the decision of this Court in the case of TARSEM LAL VERSUS DIRECTORATE OF ENFORCEMENT JALANDHAR ZONAL OFFICE 2024 (5) TMI 837 - SUPREME COURT where it was held that 'after cognizance of the complaint under 44(1)(b) of the PMLA is taken by the Court, the ED and other authorities named in Section 19 are powerless to arrest an accused named in the complaint. Hence, in such a case, an apprehension that the ED will arrest such an accused by exercising powers under Section 19 can never exist.' Hence, the interim order dated 13th May, 2024 is made absolute on the said terms and conditions.

Summary

The Supreme Court granted leave in the absence of the respondent. The case is covered by a previous decision and the interim order is made absolute. The appeal is allowed, and any pending applications are disposed of.