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by Admin
07 May 2024 2:49 AM
Money Laundering Is an Organized Crime—Granting Bail Can Obstruct Investigation and Aid Offenders - In a significant ruling Chhattisgarh High Court denied bail to Asim Das, accused of laundering proceeds from the Mahadev Online Book betting syndicate. Rejecting the plea, the Court held that economic offenses "constitute a class apart and require a stricter approach while considering bail applications." The Court observed that the prima facie evidence indicated Asim Das’s active role in handling ₹5.39 crore in proceeds of crime, ruling that his release would pose a risk to the investigation and a threat of reoffending.
Dismissing the bail plea, the Court stated, “Money laundering is not a victimless crime; it weakens the financial system and fuels other criminal activities. When an organized syndicate is involved, bail cannot be granted merely because the trial is yet to commence.”
"Illegal Betting Syndicate Spread Across India—How Mahadev Online Book Became a Global Money Laundering Network"
The Enforcement Directorate’s (ED) investigation uncovered a massive illegal betting racket run through Mahadev Online Book, with its kingpins, Sourabh Chandrakar and Ravi Uppal, operating from Dubai. According to the prosecution complaint filed by the ED, the syndicate "used a sophisticated network of franchise-based operations to facilitate betting and launder proceeds through hawala channels."
The Court noted that "the illegal betting operation was generating approximately ₹450 crore per month, with funds being moved across jurisdictions through shell accounts, digital wallets, and underground hawala transactions." The ED’s investigation also revealed that "political figures, law enforcement officials, and bureaucrats were bribed to allow the syndicate to function without interference."
"Seizure of ₹5.39 Crore—Is There Enough Evidence to Link the Accused?"
The ED seized ₹3.11 crore from a vehicle linked to Asim Das in Raipur and another ₹2.27 crore from his residence in Bhilai. The agency alleged that Das was "acting as a financial conduit for the syndicate, handling large cash transactions and liaising with key political and administrative figures."
Rejecting the defense’s argument that there was no direct evidence linking him to the seized cash, the Court observed, “Money laundering cases rely on patterns, transactions, and communication trails rather than direct possession alone. The material on record indicates a well-planned network of illegal financial activities.”
The ED produced call records, digital evidence, and travel history, linking the accused to Shubham Soni alias Pintu, a major financier of the Mahadev Online Book. The Court took note of "voice messages extracted from the accused’s mobile phone, directing him to Raipur for cash deliveries, indicating knowledge and active participation in laundering betting proceeds."
"Economic Offenses Demand Stricter Bail Considerations—General Bail Principles Do Not Apply"
Rejecting the defense’s reliance on Prem Prakash v. Union of India (2024) 9 SCC 787 and Tapas Kumar Palit v. State of Chhattisgarh (2025 SCC Online SC 322), the Court ruled that "economic offenses must be treated with a different approach than ordinary criminal cases." Citing the Supreme Court’s landmark ruling in Vijay Madanlal Choudhary v. Union of India (2022 SCC OnLine SC 929), the Court held: “Economic offenses are grave crimes affecting national interest. The deep-rooted conspiracy in money laundering cases makes it imperative that bail is granted only when there are reasonable grounds to believe that the accused is not guilty and will not commit further offenses.”
Relying on Y.S. Jagan Mohan Reddy v. CBI (2013) 7 SCC 439, the Court reiterated that “economic offenses involving corruption and financial fraud must be treated with severity. The likelihood of tampering with evidence and obstructing the investigation is high when organized syndicates are involved.”
"No Proof of Harassment, But Bail Still Denied—Risk of Obstruction in Investigation Cited"
The defense argued that Asim Das had been in judicial custody since November 3, 2023, and that prolonged incarceration violated his right to a speedy trial under Article 21 of the Constitution. Dismissing this contention, the Court held that "mere delay in trial does not entitle an accused to bail in cases where the offense has serious national and economic implications."
The Court observed that: “The involvement of influential persons in the illegal betting network, the extensive financial transactions across international borders, and the accused’s role in handling cash deliveries indicate a serious risk of tampering with witnesses and obstructing the ongoing investigation.”
"Money Laundering Weakens the Economy—Bail Cannot Be Granted Lightly"
Summing up its findings, the Court held:
• The accused was not merely a passive recipient of funds but was actively involved in the illegal financial transactions of the Mahadev Online Book syndicate.
• The seized ₹5.39 crore, his travel history to Dubai, and digital communication with key syndicate members provided strong evidence of his participation.
• The nature of the offense and the likelihood of continued involvement in illicit financial operations justified denial of bail.
Dismissing the bail application, the Court ruled, "Money laundering is an organized crime with far-reaching consequences. The applicant’s role in facilitating financial transactions for a syndicate engaged in illegal betting and hawala operations cannot be ignored. Bail is denied."
Date of Decision: 11 March 2025