Chaini Parwani –
Published On: October 28, 2021 at 14:00 IST
The Delhi High Court while considering Bail noted that Damocles sword cannot be allowed to hang over the Accused’s head merely on the assumption that the proceeds of the Crime may be higher.
Justice Rajnish Bhatnagar observed while granting Anticipatory Bail to a man in association with a money Laundering Case registered by the Enforcement Directorate, affiliated to the Fertilizers Scam.
The Court observed “Merely on the Assumption of the Respondent that till date what has been uncovered is may be the tip of the iceberg and the proceeds of the Crime may be much higher, Damocles sword cannot be allowed to hang over the head of the Petitioner when there are no allegations against him of threatening any witness in the Investigation and as far as the factual matrix is concerned, those are matter of Trial.”
Central Bureau of Investigation (CBI) had lodged a Case on 17th May 2021 under Sections 120B, 420 Indian Penal Code (IPC) and Sections 13(1)(d) r/w Sec. 13(2) of the Prevention of Corruption Act, 1988 against RJD Rajya Sabha MP Amrendra Dhari Singh and other Accused persons.
Further it was highlighted that the Held persons entered into a Criminal Conspiracy from 2007 to 2014 and Evaded and Defrauded Indian Farmers Fertiliser Cooperative Limited (IFFCO) and Indian Potash Limited (IPL), its Shareholders and the Government of India by deceitfully importing fertilizers and other materials for fertilizer production at inflated prices by claiming higher subsidy from Government of India creating a loss of several crores of rupees.
Furthermore, it was observed that they had withdrawn the commission received from the suppliers via a complex network web of ‘Fake commercial Transactions’ through multiple companies owned by the Accused persons, registered outside India in order to disguise the Fraudulent transactions.
The Applicant noted that he has agitation of his Arrest as he is one of the directors of M/s Alankit Limited which had been exhibited as an Accused in the Case.
Further the Applicant informed that he had co-operated in the Probe conducted and had provided all the necessary and relevant data.
The Court further stated “The statements of the witnesses U/s 50 of PMLA have already been recorded and there is only an apprehension that the petitioner would tamper with the evidence or threaten the witnesses but till date nothing has been placed on record to show that any such attempt has been made by the Petitioner in this regard and there appears to be only an apprehension in this regard.”
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