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Lawyer Gautam Khaitan has been sent for five days ED custody in Money Laundering case, 29th January

Team SoOLEGAL 29 Jan 2019 12:30pm

Lawyer Gautam Khaitan has been sent for five days ED custody in Money Laundering case, 29th January

Special CBI Court has remanded lawyer Gautam Khaitan to five day(s) custody with the Enforcement Directorate in connection with a case under the Black Money and Imposition of Tax Act, 2015 (Undisclosed Foreign Income and Assets).

While observing the facts and circumstances, submissions made by the parties, Judge Arvind Kumar stated that, “I deem it fit to grant 5 days PC remand of the accused.”

As per the observations made by the Agency, the case involves nearly Rs. 800 crore as proceeds of crime under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002.

Therefore, ED sought seven days police custody of Khaitan on the ground that there are voluminous documents which are to be placed before him for a thorough interrogation. It also submitted that the custodial interrogation of the accused was required to ascertain all known as well as unknown entities/accounts in which Khaitan has a beneficial interest and thus could have been used for the purpose of money laundering.

The Court was also informed that ED had details of certain undisclosed bank accounts belonging to Khaitan as well as other assets and financial transactions outside India. Further stated, as per the transactions, Khaitan has been booked under Sections 50, 51(1) read with Section 54 of the Black Money Act and Imposition of Tax Act, 2015 for the assessment years 2019-2020.

Appearing for Khaitan, Advocate PK Dubey fervently instructed to his remand on the ground that he was being falsely involved in the present case and that false documents were being prepared by ED to implicate him. Stating that Khaitan’s arrest was bad in law, he argued that the Agency had failed to reveal any cogent ground for his police remand.

The case regarding tax evasion was already pending before another Delhi Court, said to the court and hence, continuing the present proceeding would result in double jeopardy.

One of the accused in the AgustaWestland chopper case is Khaitan also. Therefore, he is accused of receiving kickbacks for the Rs.3, 600 defense deal with Italian chopper manufacturer AgustaWestland for 12 AW-101 choppers during the Congress party led-UPA era in 2010.

Khaitan was arrested by ED on January 26 under the Black Money Act under the pursuant to a fresh Enforcement Case Investigation Report.

The objection was rejected that Khaitan was being investigated over and over again in relation to the AgustaWestland case, Duty Magistrate Neeta Sharma had then remanded Khaitan to two days ED custody after the observation. (If any transaction, or any new offence is disclosed on which a separate charge sheet can be filed, then that offence needs a separate investigation.)

Further, another co-accused in the AgustaWestland scam, Christian Michel was also sent to judicial custody till February 26 by a Special CBI Court. Michel was extradited from Dubai in December, 2018. Michel is also accused of having helped AgustaWestland grab the 2010 deal.

 

Tagged: khaitan   AgustaWestland   money laundry   neeta sharma   ED  
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