With
the advancement of technology and artificial intelligence, economic offences
such as money laundering have become a real threat to the functioning of the
financial system of the country, the Supreme Court said on Monday while
dismissing the bail plea of an accused.
Dismissing
the bail plea of an employee of Shakti Bhog Foods Limited in a money laundering
case, a bench of Justices Aniruddha Bose and Bela M Trivedi said economic
offences have serious repercussions on the development of the country as a whole.
With
the advancement of technology and artificial intelligence, the economic
offences like money laundering have become a real threat to the functioning of
the financial system of the country and have become a great challenge for the
investigating agencies to detect and comprehend the intricate nature of
transactions, as also the role of the persons involved therein.
"A
lot of minute exercise is expected to be undertaken by the investigating agency
to see that no innocent person is wrongly booked and that no culprit escapes
from the clutches of the law," the bench said.
It
said the economic offences need to be visited with a different approach in the
matter of bail.
"The
economic offences having deep-rooted conspiracies and involving huge loss of
public funds need to be viewed seriously and considered as grave offences
affecting the economy of the country as a whole and thereby posing serious
threat to the financial health of the country," the bench said.
The
top court said when the detention of the accused is continued by the court, the
courts are also expected to conclude the trials within a reasonable time,
further ensuring the right of speedy trial guaranteed by Article 21 of the
Constitution.
The
apex court said the accused, Tarun Kumar, has to prima facie prove that he is
not guilty of the alleged offence and is not likely to commit any offence while
on bail.
"It
cannot be gainsaid that the burden of proof lies on the accused for the purpose
of the condition set out in the Section 45 (conditions for grant of bail) that
he is not guilty of such offence. Of course, such discharge of burden could be
on the probabilities, nonetheless in the instant case there being sufficient
material on record adduced by the respondent showing the thick involvement of the
appellant in the alleged offence of money laundering under Section 3 of the
said Act, the Court is not inclined to grant bail to the appellant," the
bench said.
The
money laundering case against Shakti Bhog Foods Limited by the Enforcement
Directorate was based on a CBI FIR that charged it and others with criminal
conspiracy, cheating and criminal misconduct.
The
CBI FIR against the company and its promoters came after State Bank of India
(SBI) registered a complaint against the company.
According
to the SBI, the directors allegedly falsified accounts and forged documents to
siphon off public funds.
The
24-year-old company, which is into manufacturing and selling wheat, flour,
rice, biscuits, cookies, etc., had grown organically as it ventured into food-related
diversification over a decade with a turnover growth of Rs 1,411 crore in 2008
to Rs 6,000 crore in 2014, the bank complaint had said.