Discharge at prima facie stage requires only grave suspicion, and refusal to discharge in a money laundering prosecution was upheld.

At the discharge stage under Section 227 CrPC, the court must only determine whether the record discloses sufficient ground to proceed, whether there is a basis for presuming the offence, and whether the material raises grave suspicion; it does not conduct a mini trial, weigh defence evidence, or assess likely conviction. Applying that prima facie standard to the prosecution material, including the alleged transfer of funds and the statutory burden under the Prevention of Money Laundering Act, 2002, the trial court's refusal to discharge was upheld and no revisional interference was warranted.

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Issues: Whether the order refusing discharge under Section 227 of the Code of Criminal Procedure, 1973 in a prosecution under the Prevention of Money Laundering Act, 2002 was liable to be set aside in revision.

Analysis: The material placed with the charge-sheet was required to be examined only for a prima facie view at the stage of discharge. The governing principle is that the court must ascertain whether the record discloses sufficient ground for proceeding, whether there is a ground for presuming commission of the offence, and whether the materials generate grave suspicion. At this stage, the court does not conduct a mini trial, does not weigh defence evidence, and does not assess whether conviction is likely. Applying those principles, the order of the trial court showed consideration of the prosecution material, the alleged transfer of funds, and the statutory burden under the Prevention of Money Laundering Act, 2002.

Conclusion: The refusal to discharge the applicant was upheld and no interference was warranted in revision.

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