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TMI Blog2023 (12) TMI 1316X X X X Extracts X X X X X X X X Extracts X X X X ..... Dehradun. 2. Applicant is in judicial custody since 14.03.2023 for the offence under Section 3 read with Section 4 of the Prevention of Money Laundering Act, 2002 (in short, "Act, 2002"). 3. The facts of the case reveal that four FIRs were lodged against the present applicant and co-accused persons. One FIR (No. 61 of 2015) was registered at Police Station - Nehru Colony, Dehradun on the basis of the complaint filed by one Lakham Bikashpathi. A charge-sheet was filed against the present applicant and co-accused persons under Sections 406, 411, 418, 419, 420, 468 and Section 120-B of the Indian Penal Code, 1860 (in short, "IPC"). It was alleged that the applicant along with co-accused persons cheated the complainant to the tune of Rs. 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 120-B IPC. It was alleged in that matter that the present applicant along with co-accused persons cheated the complainant to the tune of Rs. 29 lakh by dishonestly inducing him in getting admission in Post-Graduation Course in M.D. (Pulmonology) at HIHT. 7. Heard Mr. Aditya Singh, learned counsel for the applicant and Mr. Atul Bahuguna, learned Central Government Standing Counsel for the respondent. 8. It is submitted by Mr. Aditya Singh, learned counsel appearing for the applicant, that a bare perusal of the complaint, filed by the respondent, would reveal that there are no allegations against the present applicant that he ever generated or received any money and there is no allegation against the applicant that any point in time he ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... funds are nothing but proceeds of crime generated through criminal activity related to the scheduled offence. Thus, Sandeep Gupta is one of the main architects involved in cheating the candidates by falsely impersonating himself as the P.A. to the V.C. of HIHT Medical College, Jolly Grant, Dehradun and giving false assurance of their admission in medical P.G. Course in HIHT/SRHU in lieu of huge sum of donation amount and hence he is directly or indirectly beneficiary of PoC. He is indulged or knowingly involved in process/activities of possession, acquisition; use/concealment of the PoC hence appears to have committed offence of money laundering under Section 3 of the Prevention of Money Laundering Act, 2002, which is punishable under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atri and Vijay. Ankush Sagar Khatri quoted Rs. 1 Crore as the price for MS (General Surgery) under Management quota per seat. However, the deal was negotiated at Rs. 82 lakh including tuition fee i.e. Rs. 46 lakh in cash and 36 lakh through bank draft. Ankush Sagar Khatri also introduced him to Rohit Singh Chauhan, Sandeep Gupta and Ratish Negi. 12. Mr. Atul Bahuguna, Advocate submitted that statement of Dr. Sidhant Kulkarni (informant/victim of FIR No. 112 of 2015) was recorded under Section 50(3) of the Act, 2002. He inter-alia stated that he met Sandeep Gupta in Madhuban Hotel. He introduced himself as the P.A. to the V.C. Dhasmana. 13. Mr. Atul Bahuguna, Advocate submitted that statement of Dr. K. Tarun Rao (informant/victim of FIR No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y it is intended to restrict the powers to grant bail. 17. Allegations against the present applicant are not without substance. The allegations are categorical and specific. A definite role has been assigned to the applicant. On perusal of the record, it reveals that serious and grave allegations have been levelled against the applicant. The mandate of the Parliament is that the person accused of the offence under the Act should not be released on bail unless the mandatory conditions provided under Section 45 of the Act, 2002 are satisfied. 18. In the facts and circumstances of the case, it cannot be said that mandatory conditions, as mentioned above, have been satisfied. It is, therefore, not possible for this Court to record satisfactio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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