RAJIV CHANNA Vs. PRABHAKANT, DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The present petition is filed under Sec. 397 read with Sec. 401 of The Code of Criminal Procedure, 1973 to impugn the order on charge dtd. 24/4/2012 (hereinafter referred to as 'the impugned order') passed in CC bearing no. 01/2011 titled as E.D. V Dr. Jeevan Kumar etc. (hereinafter referred to as 'the complaint') by the court of Sh. P.S. Teji, District Judge and Additional Sessions Judge/Special Judge (PMLA), East, Karkardooma Courts, Delhi whereby the petitioner was charged for the offence punishable under Sec. 4 of PMLA.

(2.) Briefly stated, the facts of the case are that FIR bearing no. 27/2008 was got registered under Sec. 420 of The Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Sec. 18/19 of The Transplantation of Human Organs Act, 1994 (hereinafter referred to as 'TOHO Act') at P.S. Palam Vihar, Gurgaon. The investigation of the abovementioned FIR was entrusted to CBI and consequently, RC/1(E)/08/CBI/EOU-VII/ND was registered under Sec. 326/342/417/465/473/ 307/506/120B IPC and Sec. 18/19/20 of TOHO Act by the CBI being the predicate offence. After conclusion of investigation, the final report was filed by the CBI and the trial was conducted by the court of Sh. Najar Singh, ASJ/Special Judge (CBI), Panchkula, Haryana (hereinafter referred to as 'the trial court').

(3.) The aforesaid RC was premised on an allegation that Dr. Jeevan Kumar, along with others, was involved in illegal racket of kidney transplantation and committed various offences including the offence punishable under Sec. 307 IPC and the offences punishable under Sec. 18/19/20 of TOHO Act which are scheduled offences under PMLA. It was also alleged that illegal kidney transplantation was the only occupation of Dr. Jeevan Kumar and his entire earnings were from this source only.