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TMI Blog2025 (2) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... are that on 12th March, 2024, FIR No. 59/2024 was registered at Police Station - Crime Branch, Delhi under Sections 274, 275, 276, 420, 468, 471 read with 120B and 34 of the IPC, based on a complaint given by SI Gulab Singh. The complaint alleged the involvement of accused persons in the procurement, manufacturing and sale of spurious anti-cancer medicines. 3. It was alleged that the primary accused, namely Viphil Jain and Suraj Shat, in collusion with their associates, were engaged in the illegal procurement of empty vials and raw materials of anti-cancer drugs such as Keytruda and Opdyta. These counterfeit drugs were allegedly manufactured and distributed in the market to unsuspecting cancer patients. 4. Pursuant to the information received, the police formed six teams to conduct simultaneous raids across Delhi-NCR on 11th March, 2024. During the raid at Flat No. 1101, Block-2, Eleventh Floor, CSP Units, DLF Capital Greens, Moti Nagar, New Delhi, the accused were allegedly caught in the act of filling empty vials with unauthorized substances and packaging them using specialized machinery. The police seized a substantial quantity of raw materials, counterfeit vials, packaging e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dicines, generating proceeds to the tune of approximately Rs. 3 crores. It is further alleged that a sum of Rs. 2 crores was routed through banking channels to the accounts of various co-accused, while an additional amount of Rs. 80 lakhs was transacted through hawala networks. 11. The applicant previously preferred a regular bail application before the learned Special Judge on 18th July, 2024, which was dismissed vide order dated 20th August, 2024. The learned Special Judge noted that the applicant failed to satisfy the twin conditions prescribed under Section 45 of the PMLA and that the nature and gravity of the allegations warranted continued custody to prevent any potential tampering with the evidence. 12. Hence, the present bail application has been preferred before this Court, seeking the grant of regular bail. 13. Learned counsel appearing on behalf of the applicant submitted that the applicant has been falsely implicated in the present case and has no direct involvement in the alleged offence of money laundering under the PMLA. It is submitted that the applicant has been carrying out his business in the ordinary course without any mala fide intent. 14. It is submitted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nces pose a serious threat to the national economy and public confidence. 23. It is submitted that there exists sufficient material on record, including documentary evidence and statements of co-accused persons, which prima facie indicate the applicant's active involvement in the process and activities connected with the proceeds of crime. 24. It is submitted that the applicant has failed to satisfy the twin conditions prescribed under Section 45 of the PMLA, which mandates that the accused must demonstrate that he is not guilty of the alleged offence and that he is not likely to commit any offence while on bail. The applicant has not discharged this burden satisfactorily. 25. It is submitted that the investigation has revealed the applicant's role in laundering substantial amounts of money through complex financial transactions, including the use of shell entities and undisclosed accounts, which cannot be ignored at this stage. 26. It is submitted that the applicant's release on bail at this juncture would seriously prejudice the ongoing investigation, as crucial witnesses are yet to be examined, and the potential for tampering with evidence cannot be ruled out. 27. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds. It has been submitted that the applicant's involvement has been established through financial records, transactions, and statements of co-accused persons, demonstrating a clear link to the proceeds of crime. It has been further argued that the applicant has failed to satisfy the twin conditions under Section 45 of the PMLA. 35. Additionally, the respondent submits that granting bail at this stage would severely undermine the investigation and may lead to tampering with evidence or influencing witnesses. The prosecution has also argued that the applicant has not provided a satisfactory explanation for the substantial financial transactions identified during the investigation. 36. In light of the submissions made before this Court and the material placed on record, the key issue which arises to adjudicate the present bail application is whether the twin conditions prescribed under Section 45 of the PMLA are satisfied in the present case? 37. It is a settled position of law that statements recorded under Section 50 of the PMLA hold evidentiary value and are admissible in legal proceedings. The Hon'ble Supreme Court, while emphasizing the legal sanctity of such statements, h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perative to carefully examine the prosecution complaint, statements of the applicant and co-accused persons and the relevant bank statements available on record. 40. For the sake of convenience, the statement of the applicant recorded under Section 50 of the PMLA is reproduced herein under: "Ans. I state that after graduation, I started a medical shop namely Evergreen Medicos, at Chandigarh in 2012. Thereafter, in 2018, I started a medicine agency namely Cancer Medicine Agency at SCO No.16, Back Side Entry, 2nd Floor, Sector 11D, Chandigarh. In 2023 I started a medical shop namely Delhi Medical Hub. Further, I state that Evergreen Medicos Booth No. 942 , Dadu Majra Colony, Sector-38 West Chandigarh is a sole proprietorship firm registered in the name of my brother Anil Sharma. Evergreen Medicos is a retail shop for medicine. I state that this firm is managed and controlled by my brother Anil Sharma since 2012. I state that Cancer Medicine Agency is a sole proprietorship firm registered in my name. This firm is a retail and wholesale medicine shop which is specially deals in cancer medicine only. I state that this firm is managed and controlled by me since 2019. I state that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ximately Rs.80 Lakhs were transferred to Neeraj Chauhan through Hawala Channel in Cash in respect of sale proceeds of aforesaid fake and spurious cancer medicine. In this connection, I submit statement of bank accounts no. 632201515747 (A/c of Rajesh Kumar), 078205001511 (A/c of Delhi Medicine Hub) and 50100384376302 (Saving A/c of Akshay Kumar). Further I submit details of payment made to Deepali Jain, Sanyam Jain and Viphil Jain." *** "Ans. I state that I do not meet with Suraj Shat till date. However, Neeraj Chauhan provided me account details of Suraj Shat and instructed me to deposit sale proceeds of aforesaid fake and spurious cancer medicines in the account of Suraj Shat. In addition to above, I state that Neeraj Chauhan also provided me account details of one Neeraj Yadav and asked me to deposit sale proceeds of fake and spurious cancer medicines in that account and I deposited as instructed by Neeraj Chauhan. Q.9. Do you have WhatsApp Chat in your mobile with Neeraj Chauhan regarding sale proceeds of fake and spurious cancer medicines provided by Neeraj Chauhan and Tushar Chauhan? Ans. I state that Yes; I have WhatApp Chat in my mobile with Neeraj Chauhan in respec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e number 9717538497 (accused Tushar Chauhan). * 06.02.2023: Rs 30,000/-Credited from the account/mobile number 9717538497 (accused Tushar Chauhan). * 14.02.2024: Rs 5,00,000/-Credited from the account of Delhi Medicine (Akshay Kumar) 17,41,027/- 43. The bank transactions between Neeraj Chauhan and Akshay Kumar are reproduced herein under: 2. Neeraj Chauhan: Bank Name Transactions Balance Axis Bank Ltd. A/c No 914010052869894 * 09.01.2023: Rs 1,00,000/- credited from the account of accused Tushar Chauhan * 10.01.2023: Rs 1,00,000/- & Rs 1,00,000/- credited from the account of accused Tushar Chauhan * 15.03.2023: Rs 1,00,000/- & Rs 1,00,000/- credited from the account of accused Tushar Chauhan. * 10.04.2023: Cash deposited of amount Rs 42,500/- * 20.09.2023: Cash deposited of amount Rs 01,00,000/- * 04.10.2023: Cash deposited of amount Rs 01,20,000/- * 03.11.2023: Rs 3,17,000/- credited from the account of Delhi MED (Akshay, Chandigarh) * 18.11.2023: Rs 1,90,000/- credited from the account of Delhi MED (Akshay, Chandigarh) * 28.11.2023: Rs 1,60,000/- credited from the account of Delhi MED (Akshay, Chandigarh) 24,93,272/- 44. The bank transactions betwee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ruda vial 10,000 2. For Tecentriq vial 12,000 3. For Perjeta vial 9,000 5. For Infinzi vial 10,000 Further, Purchase Manager of Sri Guru Harkrishan sahib C Eye Hospital Trust during their statement recorded under section 50 of PMLA, 2002 provided the details of purchase price of the said anti-cancer medicines from M/s Delhi Medicine Hub (DMH) and M/s Cancer Medicine Agency (CMA) as mentioned below: TABLE-13 Sr.No. Name of the drug/anti-cancer medicine No. of vials of anti-cancer medicine sold by DMH Profit earned by DMH per vial Total profit earned by DMH 1. Keytruda 38 10,000 3,80,000 2. Tecentriq 8 12,000 96,000 3. Perjeta 5 9,000 45,000 4. Infinzi 36 10,000 3,60,000 Grand Total 8,81,000/- TABLE-14 Sr.No. Name of the drug/anti-cancer medicine No. of vials of anti-cancer medicine sold by CMA Profit earned by CMA per vial Total profit earned by CMA 1. Keytruda 28 10,000 2,80,000 2. Tecentriq 15 12,000 1,80,000 3. Perjeta 11 9,000 99,000 4. Infinzi 18 10,000 1,80,000 Grand Total 7,39,000/- Further, M/s Delhi medicine Hub is the partnership firm of Sh. Akshay Kumar and Sh. Rajesh Kumar. The profit earned by Mis D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... crime as defined under the PMLA. These financial gains, acquired through the sale of counterfeit medicines prima facie indicate the commission of offence of money laundering. 52. Moreover, the investigation findings also indicate that the applicant's illicit dealings were not limited to a single entity but extended to multiple hospitals, most of which declined to facilitate these spurious medicines except for Sri Guru Harkrishan Sahib Hospital, where transactions worth approximately Rs. 3 crores took place. The documentary trail, encompassing bank statements, and the testimonies of co-accused, establishes a clear nexus between the applicant and the proceeds of crime. The nature of these offences, coupled with the quantum of funds involved and the calculated means employed to mask illicit gains, negates any presumption of innocence at this stage. The weight of the evidence firmly supports the contention that the applicant was an integral part of a structured and deliberate scheme aimed at financial enrichment through unlawful means. 53. This Court shall now peruse the provisions of Section 45 of the PMLA, which lays down the statutory mandate regarding the grant of bail in su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 and subject to the conditions enshrined under this section.]" 54. This Court shall now proceed to analyze the statutory framework under Section 45 of the PMLA which governs the grant of bail in cases of money laundering. Section 45 of the PMLA imposes stringent conditions on the grant of bail. A careful reading of the provision reveals the following essential ingredients that must be satisfied before bail is granted. 55. Firstly, Section 45 (1) of the PMLA mandates that no person accused of an offence under the PMLA shall be released on bail or on his own bond unless two cumulative conditions are satisfied, i.e., (i) the Public Prosecutor must be given an opportunity to oppose the bail application; and (ii) if the Public Prosecutor opposes the application, the Court must be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and is not likely to commit any offence while on bail. 56. Secondly, Section 45 (2) of the PMLA provides that the limitations on the grant of bail under sub-section (1) are in addition to the limitations imposed under the Code of Criminal Procedure, 1973 (hereinafter "CrPC"), or any other law applicab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , or is a woman or is sick or infirm or is accused either on his own or along with other co-accused of money-laundering a sum of less than one crore rupees, may be released on bail, if the Special Court so directs: Provided further that the Special Court shall not take cognizance of any offence punishable under Section 4 except upon a complaint in writing made by- (i) the Director; or (ii) any officer of the Central Government or a State Government authorised in writing in this behalf by the Central Government by a general or special order made in this behalf by that Government." 11. In Vijay Madanlal Choudhary v. Union of India [Vijay Madanlal Choudhary v. Union of India, (2023) 12 SCC 1], this Court categorically held that while Section 45 PMLA restricts the right of the accused to grant of bail, it could not be said that the conditions provided under Section 45 impose absolute restraint on the grant of bail. Para 302 is extracted hereinbelow : (SCC p. 259) "302. It is important to note that the twin conditions provided under Section 45 of the 2002 Act, though restrict the right of the accused to grant of bail, but it cannot be said that the conditions provided under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... majeetsing Sharma v. State of Maharashtra [Ranjitsing Brahmajeetsing Sharma v. State of Maharashtra, (2005) 5 SCC 294 : 2005 SCC (Cri) 1057], held that the court while dealing with the application for grant of bail in PMLA need not delve deep into the merits of the case and only a view of the court based on the available material available on record is required. It held that the court is only required to place its view based on probability on the basis of reasonable material collected during investigation. The words used in Section 45 are "reasonable grounds for believing" which means that the court has to see only if there is a genuine case against the accused and the prosecution is not required to prove the charge beyond reasonable doubt." 60. Having considered the legislative intent behind Section 45 of the PMLA and the judicial precedents interpreting its application, this Court shall now proceed to apply the established principles to the facts of the present case to assess whether the applicant has successfully discharged the burden of proving that he is not guilty of the alleged offence and is unlikely to commit any offence while on bail. 61. It is well settled, as reiterat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... procurement and sale of spurious anti-cancer medicines, the proceeds of which were funneled through various channels, including formal banking and hawala transactions. The applicant's role in the laundering of illicit proceeds through his firms namely, M/s Delhi Medicine Hub and M/s Cancer Medicine Agency, stands corroborated by the investigative findings, including statements under Section 50 of the PMLA and independent documentary evidence. 68. In view of the facts and circumstances, the court finds that the twin conditions prescribed under Section 45 of the PMLA have not been satisfied. The evidence on record, the ongoing nature of the investigation, and the applicant's alleged role in the broader financial syndicate indicate that the rigors of Section 45 of the PMLA continue to apply. 69. The present bail application has been filed under Section 483 of the BNSS (earlier Section 439 of the CrPC), therefore, this Court, while considering the plea for bail, deems it necessary to evaluate the applicant's case through well-established principles governing the grant of bail under the said provision. Notwithstanding the rigors of Section 45 of the PMLA, the courts have consistently ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e accused persons, and the continuing investigation reinforce the respondent's concerns regarding the potential for tampering with evidence and influence of witnesses. 76. Thus, in addition to failing to satisfy the twin conditions under Section 45 (1) of the PMLA, the applicant also fails to meet the general considerations under the triple test for the grant of bail. Consequently, the applicant's continued detention is warranted to ensure the integrity of the investigation and prevent any potential misuse of the judicial process. 77. Having dealt with all the grounds raised by the applicant for grant of bail, this Court is of the view that considering the filing of the supplementary prosecution complaint and the ongoing nature of the investigation, this Court is not satisfied that the applicant has fulfilled the twin conditions under Section 45 of the PMLA. The respondent has presented sufficient material to warrant further judicial scrutiny, including financial records, electronic evidence, and statements of co-accused implicating the applicant. These materials suggest an active involvement in laundering proceeds of crime and a pattern of financial transactions that need furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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