RAJESH AGGARWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By filing the present petition under Section 438 of the Code of Criminal Procedure, the petitioner has sought anticipatory bail in case FIR No.123, dated 30.07.2015, registered under Sections 465, 467, 468, 471, 420 IPC and Sections 18, 19 and 20 of Transplantation of Human Organs and Tissues Act, 1994 (for short 'the Act'), at Police Station Division No.7, Jullunder, District Jalandhar City.

(2.) It is submitted that the petitioner is a reputed urologist performing surgeries for the last 25 years. The petitioner is the Chief Surgeon of the National Kidney Hospital, Jalandhar wherein his wife Deepa Aggarwal has 50% share. The hospital is duly licensed to perform transplant operations under TOHO Act, 1994.

(3.) The present FIR was registered on the basis of a Ruqa sent by ASI Zail Singh regarding information received that certain persons involved in illegal trade of kidneys could be apprehended near Baaj Hotel, Jalandhar. Information was received qua Junaid Ahmed Khan, Kuldeep Kumar, Sabur Ahmed Khan and Vardan Chander Rao only. There were no allegations against the petitioner, his wife or even the hospital. In fact, they were not even named in the FIR.