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2024 (2) TMI 1089 - HC - Money LaunderingGrant of anticipatory bail - money laundering - sale of fake Remdesivir injections to earn huge money from Covid patients - proceeds of crime - main submission of the applicant is that the applicant is not involved in the proceeds of crime, he was already granted bail and no custody has been sought by the respondent at the time of final report and therefore, the trial court ought to have granted anticipatory bail - HELD THAT:- As per section 45 of the Act, 2002, the offence is cognizable and non-bailable. The bail can be granted only if two conditions are fulfilled in addition to other conditions of section 438 and 439 of Cr.P.C. The bail can be granted unless the court is satisfied that there are reasonable grounds to believe that he is not guilty of the offence and he is not likely to commit such offence while on bail otherwise, he should not be released on bail. From reading the provision of section 45 of the Act, 2002, the general rule of bail not jail would not apply in such cases. The provision is otherwise as a presumption is attached that the accused is guilty and unless there are reasonable grounds to believe that he is not guilty of such offence and he is not likely to commit such offence then bail can be granted. The role of the applicant was that he was selling fake Remdesivir injection with the connivance of Sunil Mishra. He purchased fake Remdesivir injections from Dheeraj Sajnani at the rate of Rs. 11,000/- per injection. Dheeraj Sajnani is his childhood friend. Applicant didn't have the prescription of any doctor at that time. He purchased four fake Remdesivir injections as it was in great demand in society. He sold two fake Remdesivir injections to Gagan Bhaiya whose daughter was admitted in Synergy hospital, Indore at that time - This clearly establishes that he along with Sunil Mishra and others has earned money illegally through sale of fake Remdesivir injections at the cost of lives of the innocent people. The money so generated as stated above is nothing but the proceeds of crime accumulated after the commission of the Scheduled Offence as per the scheme of PMLA, 2002. 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. Accordingly, the application is dismissed.
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