The PMLA Court, Bombay has extended the custody of Maharashtra state minorities and skill development minister Mohammed Nawab Mohammed Islam Malik till 3rd March 2022, refusing to grant bail stating that sufficient time shall be granted for investigation.
The Enforcement Directorate (ED), on Tuesday, February 23, arrested the minister following several hours of questioning. He was sent to the ED’s custody until March 3.
While the arrest order mentions the Act and the sections under which Malik has been charged, the offence is not mentioned. Malik was taken for the routine medical examination soon after his arrest from the agency’s south Mumbai office. He was subsequently produced before the special designated PMLA court.
After considering the facts of the case, PMLA Special Judge R N Rokade observed that prima facie, there is material to indicate that the accused is in possession of the said property.
“Therefore, I am not inclined to accept the submission advanced by the ld. Senior Counsel for the accused that no offence is made out against the accused under section 3 of the PMLA. Prima facie, an Assistant Director, on the basis of material in his possession, has reason to believe that the accused has committed an offence under section 3 of the PMLA. Arrest order indicates that grounds of arrest are communicated to the accused. It seems that there is substantial compliance under section 19 of the PMLA. Therefore, I am not inclined to accept the submissions advanced on behalf of the ld. Counsel for the accused that accused is illegally arrested,” the Court said.
The Court further concluded that “It appears from the report that accused has not cooperated with the investigation on the crucial aspect. Prima facie, there are reasonable grounds to believe that the accusations are well-founded under PMLA. The investigation is at the nascent stage. Having regard to the serious allegations and statements in support of it, I am of the considered view that custodial interrogation of the accused is necessary to unearth all the ramifications involved in the crime. It is imperative to note that custodial interrogation of the accused is necessary to collect seized, recovered documents at the instance of the accused. The proceeds of crime has traversed since last 20 years and more. Therefore, sufficient time is required to be granted for the investigation of the offence.”
Resultantly, it was held that the accused Mohammed Nawab Mohammed Islam Malik @ Nawab Malik is remanded in the custody of Enforcement Directorate till 03.03.2022.
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