@the_news_21
Mumbai
“Sufficient time would be required to investigate the proceeds of a crime which has traversed over the last 20 years,” observed a Special Court in Mumbai while remanding Maharashtra cabinet minister Nawab Malik to Enforcement Directorate (ED) custody till March 3.
Malik was remanded to ED custody on February 23, but it is only now that the detailed order is out. Malik was arrested by the ED on February 23 (Wednesday) for investigating charges that Malik had allegedly purchased a property at a rate lower than market value from men associated with fugitive underworld don Dawood Ibrahim. This charge was based on the claims made by former chief minister Devendra Fadnavis.
After a lengthy four-hour hearing, the special judge of the Prevention of Money Laundering Act (PMLA) court held that Malik’s custodial interrogation was necessary to unearth all ramifications involved in the crime. While ED had sought 14 days of custody, the court granted custody for eight days.
“It is imperative to note that custodial interrogation of the accused (Nawab Malik) is necessary to collect seized, recovered documents at the instance of the accused. The proceeds of crime that have traversed in the last 20 years and more. Therefore, sufficient time is required to be granted for the investigation of the offence,” the order stated.
The ED submitted that prima facie Malik seemed guilty of the offence of money laundering and his custody was required to be confronted with other persons whose statements had been recorded during the investigation under the PMLA.
Malik, on the other hand, had opposed the remand, stating that the entire case was hit by Article 20 of the Constitution which prohibited retrospective application of the PMLA. It was also contended that he was illegally arrested without any notice under Section 41A of the Code of Criminal Procedure (CrPC).
After reverting to the facts of the case, and the material on record, the special judge concluded that there was material on record to indicate that Malik was in possession of the property. The court deduced that it cannot be stated that no offence can be made out against Malik.
The court also noted that the grounds for arrest were communicated to Malik, which meant that there was substantial compliance with the provisions of the PMLA. From the report, the court deduced that Malik did not cooperate with the investigation on the crucial aspect and prima facie there were grounds to believe that the accusations are well-founded under the PMLA.
Considering the serious allegations and statements in support of it, the court opined that custodial interrogation of the accused was necessary to unearth all the ramifications involved in the crime, and accordingly, Malik was remanded to ED custody.
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