Kidney racket: ED challenges bail granted to Amit Raut, Delhi HC seeks response
Sep 06, 2022
Delhi [India], September 6 : The Delhi High court on Monday sought a response to a plea challenging the bail granted to Amit Kumar Raut alias Amish Raval in a money laundering case connected with alleged illegal organ transplant.
Enforcement Directorate (ED) has challenged the bail granted by Tees Hazari Court, Delhi.
Justice Asha Menon directed the counsel for Amit Kumar Raut to file a response on the plea moved in two weeks. The matter has been listed on October 12, 2022, for further hearing.
The special counsel for ED 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 ten cases registered against him for illegal human organ transplant and was convicted in one of them in Gurugram.
Moreover, he absconded after getting bail in a money laundering case registered at Gurugram. 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 is canceled 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 in as much 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.
The bench said that this court is of the view that the matter requires a further and more detailed hearing. The case diaries be also produced at the next hearing.
The bench 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 is directed to transmit the copy of the order through electronic mode to the Jail Authorities at Dehradun for compliance."
