Tuesday, September 27, 2022

Kidney racket: ED challenges Amit Raut’s release on bail; Delhi HC seeks response

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The Delhi High Court on Monday requested a response to a petition challenging Amit Kumar Raut alias Amish Raval’s bail in a money laundering case involving an alleged illicit organ transplant.

The Enforcement Directorate (ED) has filed an appeal against the bail granted by the Tees Hazari Court in Delhi.
Justice Asha Menon asked Amit Kumar Raut’s attorney to provide a response to the petition within two weeks. The case has been scheduled for a hearing on October 12, 2022.

The special counsel for the ED argued that the Sessions Court ignored the requirements of Section 45 of the Prevention of Money Laundering Act (PMLA), which is still in effect. On August 22, 2022, an order for his release from Dehradun Jail was issued.

Anupam S. Sharma, the special counsel, submitted it. Amit Raut has eleven complaints against him for unlawful human organ transplantation, one of which he was convicted in Gurugram.

Furthermore, he fled after being granted bail in a money laundering case filed in Gurugram. By the time he was detained again, it was apparent that he was engaging in the same business under an assumed identity in Dehradun, Sharma admitted.

He further stated that a lawsuit was filed in Dehradun, along with an ECIR, which is the current ECIR. As a result, it was requested that the bail be revoked and the accused/respondent be brought into the jail.

Advocate Sneha Arya representing Amit Raut said that there was no mistake in the bail judgement since, following the modification, the proviso to section 45 (1) of the PMLA gives the trial court the authority to release on bond an accused in a money laundering case involving less than a crore of rupees. A total of Rs 89 lakhs was reportedly implicated in the current case.

The ED’s lawyer maintained that the provision, which entitles every accused in a money laundering case involving less than a crore of rupees, is not required in nature.

The bench stated that it believes the subject warrants a further and more extensive hearing. At the following hearing, the case diaries must also be submitted.

The bench said, “If the respondent has not been freed from Dehradun Jail, he will not be released until further orders of this court are issued. A copy of this is instructed to electronically communicate the copy of the order to the Jail Authorities in Dehradun for compliance.”

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