Delhi High Court - Orders
Directorate Of Enforcement Thr. ... vs Amit Kumar Raut @ Amish Raval on 5 September, 2022
Author: Asha Menon
Bench: Asha Menon
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4332/2022, CRL.M.A. 17738/2022 & CRL.M.A.
17739/2022
DIRECTORATE OF ENFORCEMENT THR. ASSISTANT
DIRECTOR ..... Petitioner
Through: Mr.Anupam S. Sharma, Special
Counsel with Mr.Prakarsh Airan,
Ms.Harpreet Kalsi and Mr.Hishant
Choudhary, Advocates
versus
AMIT KUMAR RAUT @ AMISH RAVAL ..... Respondent
Through: Ms.Sneha Arya, Ms.Prerana Agarwal
and Ms.Gauri Chauhan, Advocates
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 05.09.2022
1. This petition has been filed under Section 482 Cr.P.C., seeking the setting aside of the order dated 22nd August, 2022 passed by the learned ASJ-03, West District, Tis Hazari Courts, Delhi, releasing the respondent on bail.
2. Mr.Anupam S. Sharma, learned Special Counsel appearing for the petitioner/ED contends that the learned Sessions Court while granting bail has overlooked the provisions of Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA), which is still applicable, as reiterated in Satender Kumar Antil v. Central Bureau of Investigation and Anr. 2022 SCC OnLine SC 825. It is further submitted that the respondent has ten CRL.M.C. 4332/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:05.09.2022 16:48:03 cases registered against him for illegal transplant of human organ and stands convicted in one of them at Gurgaon. Moreover, in an enforcement case registered at Gurgaon, after he was released on bail, he absconded. By the time he was apprehended again, it became clear that he, under an assumed named, was indulging in the very same activities at Dehradun. A case has been registered at Dehradun along with an ECIR which is the present ECIR. Hence, it was submitted that the bail be cancelled and the accused/respondent be taken into custody.
3. Issue notice.
4. Notice is accepted by Ms.Sneha Arya, learned counsel for the respondent.
5. Learned counsel for the respondent submits that there was no error in the orders passed by the learned Trial Court granting bail inasmuch as, the proviso to Section 45(1) of the PMLA, after the amendment, vests the Trial Court with the discretion to release on bail an accused in a money laundering case involving a sum less than a crore of rupees. In the present case a sum of about Rs.89 lakhs alone was allegedly involved.
6. Learned counsel for the petitioner however, contends that the proviso is not mandatory in nature entitling every accused in a money laundering case involving less than a crore of rupees, to bail. The twin conditions would still prevail and particularly in the facts of the present case, the exercise of discretion has been faulty. It is also submitted that the investigation in the present matter is still under progress inasmuch as only five of the victims have been traced.
CRL.M.C. 4332/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:05.09.2022 16:48:037. This Court is of the view that the matter requires a further and more detailed hearing.
8. The case diaries be also produced on the next date of hearing.
9. The response be filed by the respondent within two weeks, with advance copy to the opposite side.
10. List on 12th October, 2022.
11. If the respondent has not yet been released from the Dehradun Jail, he shall not be released till further directions of this court.
12. A copy of this order be transmitted through electronic mode to the Jail Authorities at Dehradun for compliance.
13. The order be uploaded on the website forthwith.
ASHA MENON, J SEPTEMBER 5, 2022 s CRL.M.C. 4332/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:05.09.2022 16:48:03