Seriousness of an offence is sufficient to reject K Kavitha bail: ED to Delhi HC

New Delhi [India], May 24 (ANI): The Directorate of Enforcement (ED) on Friday opposed the bail plea of Bharat Rashtra Samithi (BRS) leader K Kavitha in connection with the excise policy case and said that the seriousness of an offence is sufficient to reject bail, even if trial is likely to take time to conclude.
In its reply filed in Delhi High Court, ED stated, "In the case of the offence of money laundering, mere routine conditions which ensure the presence of the accused during the trial or protect the evidence, are not enough because of the trans-border nature of the offence of money-laundering and the influence that may be exercised by the accused."
An accused can anonymously remove the money trail using the technology, which is available today to make the investigation and trial infructuous.
The bench of Justice Swarna Kanta Sharma on Friday heard the submissions of K Kavitha's lawyer and listed the matter for further hearing on May 27, 2024.
The court noted that the CBI has yet to file its reply copy in the matter.
Meanwhile, Advocate DP Singh appeared for CBI and further informed the court that they are set to file a chargesheet in the matter first week of June.
Senior Advocate Vikram Chaudhari and Advocates Nitesh Rana, Mohit Rao and Deepak Nagar appeared for K Kavitha in the matter.
Recently, the Delhi High Court issued notice to the Enforcement Directorate and CBI on a bail petition moved by Bharat Rashtra Samithi (BRS) Leader K Kavitha in the money laundering case pertaining to the scrapped Excise policy of Delhi.
The Rouse Avenue Court on Tuesday reserved the order on cognizance on the Enforcement Directorate's supplementary prosecution complaint (Chargesheet) filed against BRS Leader K Kavitha and others.
Recently, the Enforcement Directorate (ED) filed a supplementary prosecution complaint (chargesheet) in Excise Policy money laundering case in Rouse Avenue Court.
The chargesheet was filed against BRS Leader K Kavitha and other accused namely Chanpreet Singh, Damodar, Prince Singh and Arvind Kumar.
The plea moved by K Kavitha stated that she is a mother of two children one of which is minor presently under shock and is undergoing medical supervision.
Kavitha in her fresh bail plea alleges that there have been attempts to drag her in the scandal by the members of the ruling party at the Centre.
She through bail plea submitted that the entire case of Enforcement Directorate hinges upon statements made by the approver, witnesses or co-accused under Section 50 of the PMLA.
The Prosecution Complaints do not put forth a single document that corroborates the statements. There is not a single piece of evidence that points to the guilt of the Applicant.
She further stated that as the arrest of the Applicant is illegal as section 19 of PMLA has not been complied with.
"Neither has any corroboration to the allegation of the actual cash transaction nor any money trail is forthcoming, therefore, the satisfaction of guilt as expressed in his Arrest Order is merely a sham and a pretence," she stated.
On May 6, The Rouse Avenue Court of Delhi dismissed the bail petitions moved by Bharatiya Rashtra Samithi (BRS) leader K Kavitha in connection with CBI and ED cases related to Excise Policy case.
BRS leader K Kavitha was arrested by the Enforcement Directorate on March 15, 2024 and by the Central Bureau of Investigation (CBI) on April 11, 2024.
Earlier, CBI through remand application stated that "Kavitha Kalvakuntla was required to be arrested in the instant case to conduct her custodial interrogation for confronting her with the evidence and witnesses to unearth the larger conspiracy hatched among the accused, suspect persons regarding the formulation and implementation of the Excise Policy, as well as to establish the money trail of ill-gotten money generated and to establish the role of other accused, suspect persons, including public servants, as well as to unearth the facts which are in her exclusive knowledge."
The CBI inquiry was recommended based on the findings of the Delhi Chief Secretary's report filed in July showing prima facie violations of the GNCTD Act 1991, Transaction of Business Rules (ToBR)-1993, Delhi Excise Act-2009, and Delhi Excise Rules-2010, officials said.
The ED and the CBI had alleged that irregularities were committed while modifying the excise policy, undue favours were extended to licence holders, the licence fee was waived or reduced and the L-1 licence was extended without the competent authority's approval.
The beneficiaries diverted "illegal" gains to the accused officials and made false entries in their books of account to evade detection, the probe agencies said.
As per the allegations, the Excise Department had decided to refund the earnest money deposit of about Rs 30 crore to a successful tenderer against the set rules.
Even though there was no enabling provision, a waiver on tendered licence fees was allowed from December 28, 2021, to January 27, 2022, due to COVID-19, the probe agency said and there was an alleged loss of Rs 144.36 crore to the exchequer. (ANI)