Delhi District Court
Cc No.3/2011 E.D. vs . Amit Kumar Page 1 Of 12 on 17 April, 2012
IN THE COURT OF SH. P.S. TEJI, DISTRICT JUDGE &
ADDL. SESSIONS JUDGE, I/C (EAST), SPECIAL JUDGE
(PREVENTION OF MONEY LAUNDERING ACT) :
KARKARDOOMA COURTS, DELHI
C.C. No.03/2011
ECIR No.ECIR/07/DZ/2008/AD(SC)/VM
Shri Prabhakant, Deputy Director
Directorate of Enforcement
Versus
Amit Kumar
O R D E R
Directorate of Enforcement has filed the present complaint under section 44 read with section 45 of Prevention of Money Laundering Act, 2002 (hereinafter shall be referred to as "PML Act") against accused Amit Kumar for the offences under section 3 & 4 of PML Act.
2 I have heard Ld. Special PP for Directorate of Enforcement as well as Ld. Counsel for accused on charge and have gone through the material available on record.
3 The allegations levelled in the present complaint CC No.3/2011 E.D. Vs. Amit Kumar Page 1 of 12 are that accused Amit Kumar was involved in illegal racket of kidney transplantation and committed offences u/s 307 of IPC and u/s 18, 19 and 20 of Transplantation of Human Organs Act, 1994 which are scheduled offences of PML Act. He was arrested by CBI and a police report No.RC 1(E)/08/CBI/EOU/VII dated 29.4.2008 was filed. Accused was not a qualified surgeon and obtained a degree of Bachelor of Ayurvedic Medicine and Surgery (BAMS). He used to do illegal kidney transplant surgeries. It was his only occupation and his almost entire earnings were from this source only. As per charge sheet filed by CBI in the Special Court of Ambala, Haryana, accused along with his brother Jeevan Kumar and other associates setup a hospital in Gurgaon where illegal kidney transplantations were carried out from 1999 to January 2008. He learnt the process of kidney transplantation by associating himself with the doctors in the field. Accused started transplantation of kidneys on his own in 1994 in Mumbai and cases against him in this regard were registered. Accused fled from Mumbai and reached Jaipur in 1995 where he also carried out illegal kidney transplantations. In this regard, three cases were registered against him. Thereafter, accused shifted to Delhi where also he carried out kidney transplantations. Accused Amit Kumar and CC No.3/2011 E.D. Vs. Amit Kumar Page 2 of 12 his brother Jeevan Kumar hatched a criminal conspiracy with other accomplices and in pursuance thereof, allured innocent poor people and fraudulently removed their kidneys through surgical operations and planted the same in the bodies of recipients for a huge monetary consideration. They were running a Guest House at D5/29, DLF PhaseI, Gurgaon where recipients were being kept at preoperative and postoperative stages. Medical Council of India confirmed that accused Amit Kumar is not registered as practitioner of modern medicine. For the purpose of kidney transplantation operation, minimum qualification is Master of Surgery with three years experience. Hospital where kidney transplantation by accused used to be done was not registered with appropriate authority. Total ten victims and two prospective victims were located and examined. During search at the house of accused, victims and recipients were found there. It is mentioned that on an average Rs.12 to 15 lacs in cash was charged by accused Amit Kumar from Indian recipients and US $ 25,000 to US $ 30,000 from foreign recipients. It is further alleged that substantial portion of huge amount earned illegally by accused and his accomplices have been invested in movable/ immovable properties and accumulated in bank accounts. The process CC No.3/2011 E.D. Vs. Amit Kumar Page 3 of 12 is underway to restrain the operation of three foreign bank accounts and disposal of three immovable properties in Canada owned by accused Amit Kumar. The complainant issued Provisional Attachment Order dated 16.9.2008 for attachment of properties and bank accounts of accused which has been confirmed by the Adjudicating Authority vide order dated 12.12.2008.
4 The Enforcement Directorate also filed documents along with the complaint. The said documents are with regard to movable and immovable properties acquired by accused. Detail of various bank accounts and equipments in the name of accused and his company/firm M/s Liberty Health Care(P) Ltd. has also been furnished. There are three vehicles in the name of accused. 5 Accused owns a Guest House in his name at D5/29, DLF PhaseI, Gurgaon, Haryana which he admitted to have purchased for a sum of Rs.1,90,00,000/ on which he took a loan of Rs.1,30,00,000/ from HSBC Bank, Noida and was paying installments of Rs.1,30,000/ per month. He also owns a Clinic at 4374, Sector 23, HUDA, Gurgaon, Haryana which was purchased by him in 1997 and raised construction over the land in 2001 and installed several machines in the Clinic in the year 2005. Accused also owns a CC No.3/2011 E.D. Vs. Amit Kumar Page 4 of 12 flat No.168F, Omaxe Executive Floors, Sushant Lok III, Gurgaon Haryana for a sum of Rs. 14,00,000/ in the year 2002. Accused also owns a flat No.194,CIB, Carlton Estate, DLF City, Phase V, Gurgaon, Haryana for a sum of Rs. 28,00,000/. He along with his son also owns Hotel Liberty at 75C, Shanta Cruze, Golibar Road, near Airport, Mumbai which was purchased by him in August, 2005. In the name of Trust, accused purchased property No. 133, Saraswati Kunj Cooperative Society, Gurgaon, Haryana. Accused is also having a flat No. B4/403, Parsvanath Exotica, Gurgaon, Haryana for which he paid a sum of Rs. 30,00,000/ and rest of the payment is yet to be made. Accused also owns a plot measuring 24230 yards at Village Johalaka, Sohna, Gurgaon, Haryana which he purchased in the year 2006/2007 for a sum of Rs. 10,00,000/.
6 Accused was having as many as 10 bank accounts in his name as well as in the name of company/firm M/s Liberty Health Care (P) Ltd. Accused is also having three cars make Mercedes Benz in the name of his company/firm, Santro Car of Model 2005 and Honda City car of Model 2006. In his Clinic which was found to be running for illegal kidney transplantation was having several sophisticated equipments/machines.
CC No.3/2011 E.D. Vs. Amit Kumar Page 5 of 12 7 Documents have also been placed on record. Order dated 12.12.2008 (D1) has been passed by Adjudicating Authority under PML Act. Complaint (D2) under Section 5(5) of PML Act consequent to provisional attachment order dated 16.9.2008 is document D3 was made against the accused. Chargesheet dated 29.4.2008 (D4) was made by the CBI against accused and his associates before the Spl. Judicial Magistrate, Ambala u/s 22 of Transplantation of Human Organs Act, 1994. Copy of ECIR of the present case filed by the Directorate of Enforcement against the accused is document D5. Copies of documents received from DLF in respect of property no.CIB194, Carlton Estate, PhaseV, DLF City is document D8. Correspondence made with the HUDA, Gurgaon along with documents are D9. Copy of letter dated 11.8.2008 of Standard Chartered bank along with enclosures is D10. Copy of the letter dated 28.8.2008 of HSBC Bank, Noida along with enclosures showing installments being paid by the accused is D11. Copies of the documents received from CBI with regard to properties of the accused are D12. Statement of Balram Gowda, Incharge of M/s Liberty Hotel, Mumbai allegedly owned by the accused is D13 and statement of Akshay Santosh Raut is D14. Copies of the letters dated 23.2.2008 CC No.3/2011 E.D. Vs. Amit Kumar Page 6 of 12 and 12.7.2008 of ABN Amro Bank are D15. Copy of letter dated 10.7.2008 of HSBC Bank, Barakhamba Road is D16. Copy of letter dated 11.7.2008 of Standard Chartered Bank is D17. Copy of letter dated 11.7.2008 of Bank of Baroda is D18. Copy of letter dated 11.7.2008, Unicon Securities (P) Ltd., Connaught Place is D19. Copy of letter dated 14.7.2008 of Canara Bank, Wazirpur Branch is D20. Copy of letter dated 21.7.2008 of Citi Bank, Connaught Place is D21, copy of letter dated 24.7.2008 of ICICI Bank, Gurgaon is D22 and copy of letter dated 28.8.2008 of HSBC Bank, Noida is D23. Copy of bank statement of M/s Liberty Health Care (P) Ltd. of which accused is proprietor with ABN Amro Bank are D24 & D31. Photocopy of panchnama dated 15.2.2008 with regard of seizure of documents from M/s Jolly Technocrafts, New Delhi by CBI is D25 whereas photocopy of panchnama dated 15.2.2008 with regard to seizure of documents from M/s Vital Sign Medical Inc., Pitampura by the CBI is D26. Vide panchnamas (D27 to D30), several documents were seized from M/s Omaxe Engineering Works, M/s Intra Medica Exim Pvt. Ltd., M/s AVM Surgicare Inc. and M/s Triton Medical Services (P) Ltd. by the CBI. Documents with regard to vehicles owned by accused and his firm/ company were seized vide D32 & D33. CC No.3/2011 E.D. Vs. Amit Kumar Page 7 of 12 8 Ld. Counsel for accused has argued that the case of discharge is made out inasmuch as accused can not be tried and punished twice for the same offences. He has argued that a chargesheet against accused has already been filed in Ambala Court under section 18, 19 and 20 of the Transplantation of Human Organs Act and under section 307 of IPC whereas in the present case, accused is being tried with relation to similar offences. He has submitted that trial of the accused in the present case amounts to double jeopardy. 9 There is no force in the contention of ld. Counsel for accused as offences of the present case are different than the case pending in Ambala Court. In the Ambala Court, chargesheet against accused has been filed under section 18, 19 and 20 of Transplantation of Human Organs Act and under section 307 of IPC, whereas in the present case accused has been sent to face trial for acquiring movable and immovable assets as proceeds of crime committed under Transplantation of Human Organs Act and for offence punishable under the Indian Penal Code. The offences committed by the accused for which chargesheet has been filed in Ambala Court, are scheduled offences under the provisions of Prevention of Money Laundering Act for which present complaint has been filed against the accused. CC No.3/2011 E.D. Vs. Amit Kumar Page 8 of 12 10 I have gone through the ratio of judgment in case of V.K.Aggarwal, Asst. Collector of Customs vs. Vasantraj Bhagwanji Bhatia and others(1988) 3 SCC 467 in which it was observed that ingredients of the offences have to be seen to determine whether the offences are same or different. In that case, accused was tried for offences under section 111 read with section 135 of Customs Act and for offence under section 85 of Gold ( Control) Act. The Hon'ble Apex Court observed that offences committed by accused were different and it was held that after acquittal under Customs Act, subsequent trial under Gold(Control) Act was not barred. 11 The abovesaid authority is squarely applicable to the facts of the present case inasmuch as offences for which accused is being tried at Ambala Court are altogether distinct and different than the offences of the present case.
12 As discussed above, the complainant/Directorate of Enforcement has brought sufficient material on record to show that accused along with his other associates was actively involved in illegal kidney transplantation. It has also been shown that the accused was running a hospital where illegal kidney transplantation was being carried out and accused used to carry out surgeries along with his CC No.3/2011 E.D. Vs. Amit Kumar Page 9 of 12 associates. He used to perform illegal kidney transplantation surgeries on the victims allegedly arranged by his associates. It has also been shown that accused was not a qualified surgeon to carry out such surgeries. It has also been shown that by his said illegal activities, accused committed scheduled offences as mentioned in PML Act and the properties acquired by him are the proceeds of crime as defined under section 2(u) of PML Act. Consequently, a prima facie case for charge under section 3 punishable under section 4 of PML Act is made out against accused. Charge be accordingly framed.
Announced in the open Court ( P.S. TEJI )
Dated: 17.04.2012 District Judge & ASJ, I/C(East)
Special Judge (PML Act)
Karkardooma Courts : Delhi
CC No.3/2011 E.D. Vs. Amit Kumar Page 10 of 12
IN THE COURT OF SH. P.S. TEJI, DISTRICT JUDGE & ADDL. SESSIONS JUDGE, I/C (EAST), SPECIAL JUDGE (PREVENTION OF MONEY LAUNDERING ACT) :
KARKARDOOMA COURTS, DELHI C.C. No.03/2011 ECIR No.ECIR/07/DZ/2008/AD(SC)/VM Shri Prabhakant, Deputy Director Directorate of Enforcement Versus Amit Kumar CHARGE I, P.S. TEJI, District Judge and Addl. Sessions Judge I/c(East), Special Judge (PML Act), Karkardooma Courts, Delhi, do hereby charge you Amit Kumar son of Sh. Rameshwar Raut as under :
That you actively involved yourself in illegal kidney transplantation and acquired proceeds of crime with which you purchased various properties and thereby you committed an offence under section 3 of Prevention of Money Laundering Act punishable under Section 4 of the said Act and within my cognizance.
And I direct that you be tried by this Court on the above said offence.
( P.S. TEJI ) District Judge & CC No.3/2011 E.D. Vs. Amit Kumar Page 11 of 12 ASJ, I/C(East) Special Judge (PML Act) Karkardooma Courts : Delhi 17.04.2012 The charge has been read over and explained to the accused and he is questioned as under :
Q. Do you plead guilty or claim trial?
Ans. I plead not guilty and claim trial.
RO & AC (
P.S. TEJI )
District Judge & ASJ,
I/C(East)
Special Judge
(PML Act)
Karkardooma
Courts : Delhi
17.04.2012
CC No.3/2011 E.D. Vs. Amit Kumar Page 12 of 12