End of the Rope: Delhi High Court grants Bail to PMLA Accused in Cattle Smuggling case after Long Incarceration [Read Order]
The case surrounded illegal smuggling of cattle from India to Bangladesh in collusion with BSF and Customs Officials
Delhi High Court – Cattle Smuggling case – PMLA – India Bangladesh cattle smuggling – taxscan
Delhi High Court – Cattle Smuggling case – PMLA – India Bangladesh cattle smuggling – taxscan
The Delhi High Court recently granted Bail to a person accused of smuggling cattle from India to Bangladesh after a jail term of 19 months undergone by the Accused.
A Bail Application was lodged by the Accused under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) and Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA) in a Complaint registered by the Directorate of Enforcement (ED).
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The case was registered following a preliminary enquiry received by the Central Bureau of Investigation (CBI) alleging illegal cattle smuggling from India to Bangladesh, paying illegal gratification of Rs.2000/- to the Border Safety Force (BSF) and Rs.500/- to Customs during the period between December 2015 to April 2017.
Following preliminary enquiry, the CBI charged a number of people including the Bail Applicant for offences under Section 120B Indian Penal Code, 1980 (IPC) and Sections 7, 11, & 12 of the Prevention of Corruption Act, 1988 (PC Act) and conducted arrests therein.
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The Applicant, was a constable working in the Police Department has been in custody for 19 months since 09.06.2022, saving 6 weeks of Interim Bail on the basis of multiple charges purported against him.
It was revealed through investigation that a sum of Rs.12,80,98,237/- had been deposited in the accounts of various popular politicians in West Bengal, all arising from proceeds of crime. Furthermore, investigations revealed a total value of assets and expenditure of the Applicant and his close family members during 2015-2022 to be Rs. 5,47,90,867/- which happens to be disproportionate to their known sources of income.
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Counsels for the Applicant, Senior Advocate M.R. Shamshad, along with Samrat Nigam and Arijit Sarkar placed reliance on Manish Sisodia vs Directorate of Enforcement (2023) among numerous cases to reinforce their contentions for Bail that “prolonged period of incarceration may infringe upon rights pertaining to life and liberty of individuals”
The Bench of the Delhi High Court presided over by Justice Neena Bansal Krishna referenced the observations of the Supreme Court in Saumya Chaurasia v. Directorate of Enforcement (2023) that Bail Application under Section 45(1) of the PMLA shall cross the twin threshold that the public prosecutor be given opportunity to oppose the case and that there are reasonable grounds to believe that the accused is not likely to commit any offence while on bail.
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The Delhi High Court observed that the trial in the predicate crimes have not yet commenced and that the co-accused of the Applicant has already been granted bail in the same matter; in light of such observation the Court granted bail to the Applicant subject to furnishing of personal bond of Rs.5,00,000/- among other travel restrictions and guidelines meted out to the accused.
To Read the full text of the Order CLICK HERE
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