Mumbai: The special PMLA court refused to grant bail to Ali Asghar Shirazi, a close associate of the drug kingpin Kailash Rajput, observing that there is no delay on part of the prosecuting agency to proceed ahead with the case. The court however said that if the case does not proceed within next one year he can move the plea again.

Shirazi’s lawyer Ajay Bhise had moved a plea for bail for him on the ground that he was arrested in the case in January last year. He claimed that even after a year, the predicate offence has not been transferred to the special court. Further it was contended that there is no chance of starting the trial soon.

Bhise had pointed out that till date, the charge-sheet in the schedule offence was not before this Court. There are more than 110 witnesses to be examined. The charge-sheet is running in the 11000 pages.

In the complaint, there are more than 20 witnesses. It is settled law that the proceedings of schedule offence as well as PMLA offence has to be tried simultaneously. Accordingly, as scheduled offence not before this Court, therefore, no chance of commencement of trial in near future.

The plea was objected by the ED prosecutor Arvind Aghav. Aghav pointed out his role in the case where he argued that there is a significant risk that the accused, if released on bail, may continue to engage in unlawful activities and might tamper with evidence or influence witnesses.

It was further argued that Shirazi, while in judicial custody, was instructing his wife and accountant for the trafficking of various banned psychotropic medicines by using his associates.

Further it was argued that the wife of the accused during her statement has confirmed that she was to receive around Rs 1 Crore against the transport of psychotropic medicines and it was to be received through angadiyas in cash.

The court after referring to all the material noted that this was his second bail plea and there is no change in circumstances after the same was rejected at the first instance.

Besides, the court on delay in trial stated that, there is no delay on the part of the complainant in proceeding with the matter. “As such, some time is required to be given to the complainant to proceed with the matter and trial of the proceeding. Even time is required to be given to the complainant to see that schedule offence is brought before this Court and in case if there will be delay on the part of the complainant in doing so, then only applicant will be at liberty to apply afresh before this Court for bail,” the court said adding that ED is required to make progress within a span of 9 months to 1 year in this matter for concluding the investigation, filing final complaint and to expeditiously proceeds with the trial.