AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2023 (10) TMI 532
X X X X Extracts X X X X
X X X X Extracts X X X X
....armacy, and the applicant is the Vice-Chairman of the Society which manages the Institute. It is alleged that 956 dollars were recovered during search from the premises of the applicant which were seized by the officials and no other recovery or seizure was made. The applicant claims that the dollars belong to his sister who is a resident citizen of the U.S.A. who was visiting the applicant's home at the relevant time. At the time of the aforesaid raid conducted by the officials of the E.D., no F.I.R. of any predicate offence had been registered against the applicant. It was only after the E.D. had submitted a report to the police under Section 66 (2) of the Prevention of Money Laundering Act, 2002, that an F.I.R. bearing Case Crime No.119 of 2023, under Sections 120-B, 409, 420, 467, 468, 471 I.P.C. was registered at Police Station Hazratganj, District Lucknow alleging misappropriation of funds meant for being paid as scholarship to the students belong to the deprived sections of the society. 4. It has been stated in the affidavit filed in support of the anticipatory bail application that the applicant is suffering from various diseases and he has undergone nephrectomy of both ki....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ology, Gastro Medicine, Nephrology and a Specialist Physician, stating that "the applicant is a post-renal transplant patient suffering from autosomal dominant polycystic kidney disease (ADKPD) that required bilateral nephrectomy. Since his renal transplant in 2015, he had a stable renal graft function. He takes multiple immunosuppressive medicines to maintain renal graft. He has a grossly enlarged liver with multiple cysts (due to his underlying disease of ADKPD) that produces recurrent abdominal pain. He also has a poorly controlled diabetes mellitus despite insulin injections. For adequate control of blood sugars, he requires diet control, exercise and close observation of his blood sugars. His recent report of elevated creatinine level of 1.56 mg/dl requires further evaluation of renal graft functions. Like every renal transplant patient, he needs close observation of renal graft function and he must follow lifestyle measures like social distancing, use of mask, maintenance of hygiene etc to prevent community acquired and opportunistic infections." 9. The respondent-Enforcement Directorate has filed a counter affidavit on 31.02.2023 and a supplementary affidavit on 31.07.2023.....
X X X X Extracts X X X X
X X X X Extracts X X X X
....that the applicant has stable renal graph function and his neurological condition is unremarkable. 12. The discharge summary mentions "CVS S1 S2 present, RS B/L AE present, CNS conscious, oriented" The learned Counsel for the E.D. and its officers may be experts in the field of Medicine, Endocrinology, Gastro Medicine and Nephrology but the Court does not possess the requisite expertise to doubt the medical opinion submitted by a medical board of five specialist doctors of SGPGI. The Court lacks requisite expertise to understand "CVS S1 S2 present, RS B/L AE" or the "renal graph function" and the neurological condition of the applicant. When the court lacks the required expertise in this field and there is a conflict in the opinion of the officers of the E.D. and that of the experts of SGPGI, the court has to believe the advice of the experts of SGPGI. 13. Sri S. C. Mishra has drawn attention of the court to an order dated 20.10.2022, passed by Hon'ble the Supreme Court in Assistant Director, Directorate of Enforcement and another Vs. Kamal Ahsan, 2022 SCC OnLine SC 1514, in which case the respondent was suffering from Cancer and he had been released on bail. Without going into a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ffence under the Prevention of Money Laundering Act and, therefore, in view of the provisions contained in Section 45 of Prevention of Money Laundering Act, the applicant cannot be granted anticipatory bail. He has relied upon the judgment of the Hon'ble Supreme Court in the case of Vijay Madanlal Choudhary and others Vs. Union of India and others, 2022 SCC OnLine SC 929, and he laid emphasis on the following passage from the judgment: - "412. As a result, we have no hesitation in observing that in whatever form the relief is couched including the nature of proceedings, be it under Section 438 of the 1973 Code or for that matter, by invoking the jurisdiction of the Constitutional Court, the underlying principles and rigors of Section 45 of the 2002 must come into play and without exception ought to be reckoned to uphold the objectives of the 2002 Act, which is a special legislation providing for stringent regulatory measures for combating the menace of money- laundering." 18. The learned counsel for the respondent has placed before this court the judgment of Hon'ble Supreme Court in the case of Directorate of Enforcement Vs. M. Gopal Reddy and another, 2022 SCC OnLine SC 1862, w....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ed thoroughly. As per the investigating agency, they have collected some material connecting respondent No. 1 having taken undue advantage from Srinivas Raju Mantena. From the impugned judgment and order passed by the High Court, it appears that the High Court has considered the matter, as if, it was dealing with the prayer for anticipatory bail in connection with the ordinary offence under IPC." 19. The next judgment relied upon by learned counsel for the respondent is the State of U.P. Versus Gayatri Prasad Prajapati, 2022 SCC OnLine SC 843, wherein the Hon'ble Supreme Court has observed as under: "14. The medical condition of the respondent, the treatment given and various reports including the report of medical board were on the record. The S.G.P.G.I.M.S. is a superspeciality hospital where the respondent has been referred for specified purposes and report of S.G.P.G.I.M.S. has also been brought on the record as Annexure P-10 alongwith the letter dated 10.06.2020 addressed to Chief Medical Superintendant, S.G.P.G.I.M.S., Lucknow. The medical report of the respondent dated 10.06.2020 in final evaluation states:- "Final Evaluation Glycemia : better controlled Hypertension : ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....affect the Special powers of the High Courts under Section 439 Cr. P.C. reading Section 44(2) with Section 44(1) only would render Section 44(2) of PMLA redundant and otiose, but this Court cannot chose an interpretation which will render the provision contained in Section 44 (2) of the PMLA redundant or otiose. 49. Apparently, Section 44(2) was inserted by the Parliament with the intention to save the special power of the High Courts under Section 439 Cr. P.C., which intention cannot be fulfilled due to an erroneous placement of the provision as pointed above. This Court has to interpret the provisions contained in Sections 44 and 45 of PMLA collectively so as to give "force and life" to the intention of the legislature behind inserting Section 44(2) in the Act. Undoubtedly, if the makers of the Act had themselves come across this jumbling of the provisions in Sections 44 and 45 due to a copy-paste error, they have surely have straightened it out by reading Section 44(2) and Section 45 in conjunction with each other. Therefore, in order to correct the defect without altering the provisions of the Statute, the provisions of Sections 44 and 45 have to be read together and interpre....