Delhi court allows ED to interrogate Satyendar Jain, two others in money laundering

Special Public Prosecutor (SPP) NK Matta submitted on behalf of ED that certain new facts have emerged during the course of further investigation and therefore, they need to examine accused A-5 Vaibhav Jain and A-6 Ankush Jain in Tihar Jail to confront them with the new evidence, which has come on record and to further record their statement under Section 50 of PMLA, 2002.

The plea of the ED was strongly opposed by the counsel for accused Vaibhav Jain and Ankush Jain on the ground that whatever further new material has been collected, has not been disclosed in the applications.

It is further submitted that if it is the case of the ED that they are still continuing with the investigation, then it shows that when the complaint was filed on record, the same was not based upon complete investigation and accused A-5 Vaibhav Jain and A-6 Ankush Jain are entitled to default bail.

Special Judge, Vikas Dhull after hearing the submission on behalf of both sides said, "It is not in dispute that ED has got the power to carry out further investigation as per Section 44 of the PMLA, 2002. I have carefully perused the material and the statements recorded of the witnesses during the course of further investigation which makes out a case for further interrogation of accused A-5 Vaibhav Jain and A-6 Ankush Jain and further recording their statement under section 50 of PMLA, 2002.

The court further said, "The contention of Defence Counsel for accused A-5 Vaibhav Jain and A-6 Ankush Jain that permitting ED to carry out further investigation amounts to admission on the part of ED that complaint filed on record is incomplete, deserves to be rejected."

"The reason for the same is that if the charge sheet (in the present case 'complaint') filed on record contains sufficient material for the purpose of taking cognizance of the offence, then it is a complete chargesheet. Just because ED is carrying out further investigation, it does not imply that the complaint filed on record is incomplete," the court said.

The court permitted the officers of ED to visit the Tihar to interrogate and record the statement of accused A-5 Vaibhav Jain and A-6 Ankush Jain under Section 50 of PMLA, 2002 on 18.01.2023 and 19.01.2023 between 9.00 a.m. till 05.00 p.m. in the presence of jail authorities.

The court directed Tihar jail to allow the aforementioned officers to carry laptops and other requisite stationery items inside the jail premises on the aforementioned dates and times.

Jain is accused of having laundered money through four companies allegedly linked to him and was arrested by Enforcement Directorate in a money laundering case based on a CBI FIR lodged against him in 2017 under the Prevention of Corruption Act.