Illegal Kidney Transplantation Accused Gets Bail In Money-Laundering Case
LIVELAW NEWS NETWORK
23 Aug 2022 12:06 PM GMT
Dr Amit Kumar Raut @ Amish Raval allegedly received Rs. 89 lakhs for committing illegal Kidney transplantation at Gangotri Hospital, Dehradun. In this case, the ECIR was registered by the Directorate of Enforcement on 03.10.2017. However, the complaint for the alleged offence was filed before the Special Court-PMLA, Tis Hazari Court, Delhi, on 14.03.2022.
The Special Public Prosecutor strongly opposed the bail by stating that in the case of VijayMadan Lal Choudhary V. Union of India, the Supreme Court upheld the twin conditions mentioned in Section 45 of PMLA 2002 by over-ruling the case of Nikesh Tarachand Shah v. Union of India and Anr… Thus, for the grant of bail, the accused has to satisfy the court on two conditions.
The Counsel for the accused, Adv. Ramakant Gaur argued the bail application majorly on 3 points:
1. The Directorate of Enforcement did not exercise its power to arrest under Section 19 of PMLA 2002 in its wisdom. However, the accused was in custody in another case instituted by the Directorate of Enforcement in 2017.
2.The proceeds of crime involved in this case is only Rs. 89 lakhs and hence, according to Proviso clause of Section 45(1) of PMLA, the twin conditions shall not be applicable and the discretion rests with the Court to grant bail.
3. Fair investigation is part of a fair trial. The complainant's inaction marred the constitutional mandate of Article 21. The guidelines issued by Supreme Court in Satender Kumar Antil's case would entitle the accused for the release on bail.
On 22.08.2022, Shri Vishal Singh, Ld. Additional Sessions Judge-03, Tis Hazari Court, admitted the accused on bail while considering the above submissions of the Counsel for the accused and also in view of the guidelines relating to bail issued by the Supreme Court of India in SLP No. 5191/2021 titled Satender Kumar Antil Vs. CBI& Anr, vide order dated 22.08.2022.
The Special Court also observed that
"5. In addition, the total laundered amount in the case is less than Rupees One Crore, the proviso to Section 45 of the Act shall take effect, and the Court shall not be required to reach satisfaction mentioned in Section 45(1) of the Act."
The accused was directed to be released on furnishing bail of Rs. 40,000 and one surety of like amount.
COUNSEL FOR THE APPLICANT/ACCUSED- Ramakant Gaur, Sneha Arya, Prerana Agarwal, Harshi Gaur - Team, Law Chambers of Ramakant Gaur.
