Accused under PMLA entitled for legal consultation for 20 minutes everyday during the custody to ED: Delhi Court [Read Order]

PMLA - ED - delhi Court - Taxscan

The Rouse Avenue Court ruled that Accused under Prevention of Money Laundering Act (PMLA) entitled for legal consultation for 20 minutes everyday during the custody to Enforcement Directorate (ED).

The Directorate of Enforcement seeking further remand of 09 days of accused Sandeep Singh Madhok and Satinder Singh Madhok to ED custody. By way of applications, IO has requested for further remand of the accused persons Sandeep Singh Madhok and Satinder Singh Madhok to ED custody for a period of 09 days submitting therein that during interrogation the accused persons were confronted with documents and other facts of the case. Extraction of data from the digital devices was also not done and two mobile phones recovered from the residential premises of the accused persons are yet to be examined and data to be extracted. During the course of investigation, data was extracted from the digital devices and documents recovered during the search are being scrutinized.

The digital data recovered during the searches are voluminous and are being confronted with the accused persons. Further, the process of analysis of digital data and further confrontation of the same with the accused persons and investigation regarding the financial transactions and various other suspicious chats with various persons is a time consuming process. It is further submitted that 14 suspicious companies identified in the Forensic Audit report belong to Naresh Jain, Hawala Operator. The bank account statements of these shell companies were obtained and were analysed and it was ascertained that more than Rs. 1713 crores have been transferred to M/s Jay Polychem India Ltd. during 2010-2013 from these companies in multiple transactions. For this reason, investigation on certain crucial aspects of the case is still ongoing. The accused persons had been continuously hiding facts during the interrogation and only after confrontation with the digital data new facts are suspected to emerge and that is why their further custody is required for the period of 09 days.

Non-cooperation of accused has only delayed the investigation further necessitating the need of custodial interrogation on certain crucial aspect of the case such as determination of role of various other persons and aides, to quantify the proceeds of crime pertaining to the bank transactions and linked accounts, confronting the accused persons with the voluminous evidence on record. It has been further stated that confrontation remained incomplete due to non-cooperative and evasive attitude of accused persons and for data being voluminous (around 9 mobiles phones, 2 hard disk, Pen Drives etc.), accused Sandeep Singh complaint’s of Sleep Apnia necessitating medical tests in accordance with direction of the court consumed almost half of the custody period in medication/test.

The Special Judge Harish Kumar while keeping in mind the allegations contained in the application, the extent of involvement alleged and need for further confrontation with evidence, data in electronic materials etc. the accused persons is further remanded to the custody of ED for a period of 05 days. Accused persons shall be medically examined every day in the morning and in the evening during all the four three days period. Accused persons shall have right to have legal consultation for 20 minutes every day during the custody to ED and consultation shall be taken place in the ED Office, Khan Market at 4:30 pm. The consultation shall be in the presence of IO or authorized person who shall stand at a distance out of audible limits.

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