TMI Blog2022 (11) TMI 1326X X X X Extracts X X X X X X X X Extracts X X X X ..... extraordinary power and the same is to be exercised sparingly. Economic offences stand as a different class as they affect the economic fabric of the society. Economic offences constitute a class apart and need to be visited with different approach in the matter of bail. Considering the rigour of Section 45 of the PMLA, 2022 and the contents of the complaint, this Court is of the view that the accused-applicants are not entitled to be enlarged on anticipatory bail - all the anticipatory bail applications are rejected. - Criminal Misc Anticipatory Bail Application U/s 438 Cr.P.C. Nos. - 380 of 2022, 227 of 2022, 244 of 2022, 67 of 2022 - - - Dated:- 9-11-2022 - Hon'ble Dinesh Kumar Singh, J. For the Applicant :- Amarjeet Sin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons 420, 465, 468 and 471 IPC and Section 13(2) read with 13(1)(d) of Prevention of Corruption Act in respect of the irregularities in the utilization of funds allotted to C DS, Uttar Pradesh, Jal Nigam, Lucknow for civil constructions for the up-gradation of 134 hospitals in Uttar Pradesh. The said offence is being tried by the Anti-Corruption Court, CBI, Ghaziabad. 3. As per the allegations in the FIR, during 2009-2010, the Mission Directorate (NHRM), U.P. received huge funds running into crores of rupees from Ministry of Health and Family Welfare, Government of India for supply of items relating to improvement of Entrance Zone and other facilities and related civil works in district level hospitals and it was decided to upgrade 134 di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orities and also used forged rate estimates without making any comparison with the then DGS D, CPWD and PWD rates or actually conducting any market survey for getting approval of the estimates by the competent authority. It was alleged that the estimates of the aforesaid 27 items were prepared and given by representative of M/s Surgicoin Mediquip Private Limited to the officials of C DS for approval. The rates from other firms were collected in such a way that M/s Surgicoin Mediquip Private Limited may ultimately get the tender. In this manner, the up-gradation work in two phases for 114 and 20 hospitals was allotted to Ms/ Surigcoin Mediquip Private Limited, Ghaziabad and M/s Modern Interiors, Lucknow respectively and, these two firms supp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was confirmed by the adjudicating authority on 13.9.2017. Thereafter, proceeds of crime totalling of Rs.60 crores in respect of companies/trusts beneficial ownership/controlled by Sri Babu Singh Kushwaha was attached under PAO No.03/2014, which was confirmed by the adjudicating authority, PMLA, New Delhi. Subsequently, prosecution compliant against Sri R.P. Jaiswal was filed on 31.3.2016 in joint in ECIR/06 and 07/PMLA/LZO/2012 and prosecution compliant against Sri Babu Singh Kushwaha, Naresh Grover, Director of M/s Surgicoin Mediquip Private Limited and others was filed on 16.7.2018 in ECIR/06, 07 and 08/PMLA/LZO/2012. 8. Further investigation under PMLA, 2002 was conducted in respect of the proceeds of crime acquired by the officials ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds of crime attached by the said attachment have been given in the said paragraph in a tabular form. 12. During the course of investigation under the PMLA, 2002, statement of Manvendra Chaddha S/o Late J.N. Chaddha was recorded on 6.4.2016 under Section 50 of the Act, wherein he stated the roles placed by the accused-applicants in furtherance of the criminal conspiracy. Further, statements of Sri P.K. Jain, the then General Manager, C DS, Head Quarters, Gomti Nagar, Lucknow were also recorded on different dates under Section 50 of the Act. 13. The decision of work allocation to C DS (Head Quarter) was taken by the executive committee by the NRHM on 15.7.2009. Accused-applicant, Pramod Kumar Bhukesh, Director, C DS allotted the work to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsidering the anticipatory bail as the same cannot assume the character of a trial conducted by the Special Court. He has further submitted that there is sufficient evidence uncovered during the course of investigation to lead the Directorate of enforcement to conclude that the accused-applicants had been involved in the offence of money laundering and the properties (movable and immovable) acquired by the accused-applicants in the name of their family members constitute the proceeds of crime. 16. Sri Kuldeep Srivastava, learned counsel for the Enforcement Directorate, has further submitted that anticipatory bail application one of the accused namely, Pankaj Grover being Criminal Misc. Anticipatory Bail Application No.7661 of 2021 was r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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