Financially Capable Criminals May Very Well Influence Investigations By Using Illicit Money, Lure In Witnesses

CASE BACKGROUND

• An anticipatory bail application was submitted, under Section 438 CrPC, by the former Director of M/s Surgicoin Medequip Pvt. Ltd, who was charged in the National Rural Health Mission Scheme Scam.
• However, the Allahabad High Court rejected it and observed that a criminal of economic activities has a larger amount of proceeds of crime, which he can use to manipulate the investigations and win over witnesses.’
• "More the accused is stable financially, and more the amount involved in a criminal matter; it causes moreprobability of impacting the standards of criminal justice, more the accused is unfit for release, and thus more the chance of refusal to grant bail," the Court stated.
• The Court also opined that now, crimes are being committed by powerful upper-class people in a well-organized manner, using advanced gadgets in the course of their official, professional, and business activities in which they have expertise.

CASE PROCEEDINGS

• The High Court, in an order dated November 15, 2011, directed the Central Bureau of Investigation to conduct a preliminary investigation into the execution and application of the National Rural Health Mission (NRHM) and the use of funds at various levels during such implementation throughout the state of Uttar Pradesh, as well as to file regular cases against those who are toheld to account.
• Five preliminary inquiries were started at various CBI branches in response to this order. CBI issued a first information report against many people on January 2, 2012, under Sections 120-B r/w Sections 420, 409 of the IPC and Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act.
• In addition, on April 14, 2012, the Directorate of Enforcement filed an Enforcement Case Information Report against all of the people identified in the FIR. Following that, on April 5, 2017, the Directorate of Enforcement filed a Provisional Attachment Order, which temporarily attached two of the properties.
• On May 11, 2017, the Directorate of Enforcement filed an Original Complaint with the Adjudicating Authority, PMLA, New Delhi, under Section 5(5) PMLA, seeking confirmation of the Provisional Attachment Order, which was confirmed on September 13, 2017.
• The Directorate of Enforcement then filed a complaint against M/S Surgicoin Mediquip Pvt. Ltd., Naresh Grover, the present petitioner, and Abhay Kumar Bajpai under Section 45 of the PMLA.

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