Kidney racket: Delhi HC grants time to Amit Raut to file response on plea challenging bail granted to him
Oct 12, 2022
New Delhi [India], October 12 : The Delhi High court on Wednesday granted time to Amit Kumar Raut alias Amish Raval to file a response on the plea moved by ED challenging the bail granted to him in a money laundering case.
Justice Poonam A Bamba granted four weeks time to the counsel for Amit Raut to file a response. The matter has been listed on February 16, 2023. The court has directed that the interim order of September 5 is to be continued.
The bench had directed, "If the respondent has not been released from the Dehradun Jail, he shall not be released till further directions of this court. A copy of this directed to transmit the copy of the order through electronic mode to the Jail Authorities at Dehradun for compliance."
Earlier the High Court on September 5, 2022, had sought response on a plea challenging the bail granted to Amit Kumar Raut alias Amish Raval in a money laundering case connected with an alleged illegal organ transplant racket. Enforcement Directorate (ED) has challenged the bail granted by Tees Hazari Court, Delhi.
The special counsel for ED had contended that the Sessions Court while granting bail has overlooked the provisions of Section 45 of the Prevention of Money Laundering Act (PMLA) which is still applicable. An order for his release from Dehradun Jail was passed on August 22, 2022.
It was submitted by special counsel Anupam S. Sharma, Amit Raut has 10 cases registered against him for illegal human organ transplant and was convicted in one of them in Gurgaon.
Moreover, he absconded after getting bail in a money laundering case registered at Gurgaon. By the time he was apprehended again, it became clear that he, under an assumed name, was indulging in the very same activity at Dehradun, Sharma submitted.
He also submitted that 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.
Advocate Sneha Arya for Amit Raut submitted that there was no error in the order 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.
The counsel for ED contended that the proviso is not mandatory in nature entitling every accused in a money laundering case involving less than a crore of rupees.
