The Supreme Court docket on Wednesday requested the Enforcement Directorate to deal with the “high quality” of its prosecution and proof, mentioning the probe company’s low conviction price in cash laundering circumstances.
“You might want to think about the standard of prosecution and proof. In all of the circumstances the place you’re glad {that a} prima facie case is made out, you have to set up these circumstances within the court docket…Out of 5,000 circumstances registered in 10 years, there have been 40 convictions. Think about now,” a three-judge bench of Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan informed the ED – referring to a press release made in Parliament by the Union Ministry of Dwelling Affairs on the info of ED circumstances.
The top court‘s remarks got here whereas listening to a bail plea filed by a Chhattisgarh-based businessman, Sunil Kumar Agrawal, who was arrested in reference to a cash laundering case involving unlawful levy on coal transportation.
“…On this case, you’re harping on the statements given by some witnesses and affidavits. This sort of oral proof…the sort of oral proof, tomorrow, God is aware of that individual will stand by it or not. You must do some scientific investigation,” the bench informed Extra Solicitor Common S V Raju, showing for the ED.
What was the case?
The ED investigation within the cash laundering case stems from an Revenue Tax division grievance that was registered following raids made by the division in June 2022. The case pertains to an alleged rip-off during which an unlawful levy of ₹25 was being extorted for each tonne of coal transported in Chhattisgarh by a cartel involving senior bureaucrats, businessmen, politicians and middlemen.
The probe company, in its second supplementary chargesheet, alleged that IAS officer Ranu Sahu, who served because the collector of Korba district through the rip-off, facilitated the gathering of unlawful levy quantities from the coal transporters and District Mineral Fund (DMF) contracts by Suryakant Tiwari and his associates, and acquired large bribes from them.
Agarwal, the Chhattisgarh-based businessman, was arrested within the case final 12 months.
On April 8, the Chhattisgarh excessive court docket rejected his interim bail plea, following which he moved the Supreme Court docket to problem the court docket’s order. On Might 19, the highest court docket directed Agarwal’s launch on interim bail topic to his furnishing bail bonds.
On Wednesday, the highest court docket made its earlier order absolute, granting the businessman interim bail.
In line with Justice Datta, part 19 of PMLA requires the arresting officer to present “causes to consider” to the accused and requested ASG Raju whether or not he thought the arresting order was sustainable within the current case.
(With inputs from PTI)