Rs 640 crore cyber fraud: SC refuses anticipatory bail to CA in ED case
New Delhi (PTI): The Supreme Court on Wednesday refused to grant anticipatory bail to a chartered accountant in a money laundering investigation linked to a Rs 640 crore cyber fraud case.
A bench of Justices MM Sundresh and Augustine George Masih upheld the order of the Delhi High Court which had denied pre-arrest bail to Bhaskar Yadav and directed him to surrender in 10 days.
The high court on February 2 dismissed anticipatory bail applications by Yadav and Ashok Kumar Sharma.
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In the 22-page judgement, the high court had said there was an "intricate mesh of laundering of money", and the need expressed by the Enforcement Directorate to interrogate the two accused in custody was not unreasonable.
"The accused/applicants, being skilled professionals, have allegedly crafted laundering of proceeds of crime across multiple layers, and to unearth the same, I find substance in the submission of learned counsel for DoE (Directorate of Enforcement) that custodial interrogation is much required," the HC said.
"It is not a case of mere dealing in cryptocurrency, which per se is not a crime in this country and the liability of the accused persons is confined to paying tax on the crypto transactions. The present cases exhibit a vast intricate mesh of movement of money, fraudulently extracted out of pocket of gullible investors, who appear to be primarily belonging to middle class," it had added.
The high court had stated that individual liberty was sacrosanct, but it could not brush aside the requirement to carry out a meaningful interrogation and investigation in the larger interest of the country's economy.
It had noted there were fresh complaints of the accused allegedly assaulting the investigating officers, bribing the local police to settle cyber fraud complaints and destroying electronic evidence.
The money laundering probe stems from two FIRs filed by the Economic Offences Wing (EOW) of the Delhi Police that were registered to probe charges of cyber fraud to the tune of Rs 640 crore generated through betting, gambling, part-time jobs and phishing scams, the ED has earlier said in a statement.
As per the agency, the money of gullible people was siphoned off by layering funds cheated from them through more than 5,000 mule Indian bank accounts and subsequently uploaded on PYYPL, a UAE-based payment platform.
Part of the cyber fraud money was withdrawn in cash in Dubai through debit and credit cards issued by various Indian banks, it said.
According to the probe agency, the alleged scam was being run through a nexus of certain CAs, company secretaries and crypto traders who worked in tandem to launder the proceeds of crime.
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Can't say when I'll return to India; legally barred from leaving UK: Mallya to Bombay HC
Mumbai (PTI): Fugitive businessman Vijay Mallya, facing multiple cases of fraud and money laundering, told the Bombay High Court on Wednesday that he cannot say when he will return to India as he is legally barred from leaving the UK.
In a statement submitted through his counsel Amit Desai to the high court, Mallya said he did not have an active passport after it was revoked and hence, he cannot give a definite date of return to India.
The statement was submitted after a bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad made it clear last week that it would not hear Mallya's plea against the order declaring a fugitive economic offender until he returns to India.
The court had then asked the former liquor to clarify whether or not he intended to return to India.
Mallya, based in the United Kingdom since 2016, has filed two petitions in the HC -- one challenging an order declaring him a fugitive economic offender and the other questioning the constitutional validity of the Fugitive Economic Offenders Act.
The 70-year-old liquor baron is accused of defaulting on multiple loan repayments of several thousand crores and facing money laundering charges.
The businessman, in his statement to HC, said he cannot give a definite date for his return as he does not have his Indian passport, which was revoked by the government in 2016, and also because there are orders of courts in England and Wales that prohibit him from leaving the country.
"Mallya is not permitted to leave or attempt to leave England and Wales or apply for or be in possession of any international travel document. In any event, the petitioner is unable to precisely state when he will return to India," Desai read out the statement in the court.
The senior counsel reiterated that Mallya's presence was not required in the country for the court to hear his pleas against the fugitive tag and the provisions of the Act.
"If he (Mallya) were to appear in India, then all these proceedings would be rendered irrelevant as the statute says that once the offender appears in the concerned court of law, then all these orders would be set aside," Desai told the court.
The bench directed the Union government to file its reply to Mallya's statement and posted the matter for further hearing next month.
Mallya was declared a Fugitive Economic Offender in January 2019 by a special court hearing cases under the Prevention of Money Laundering Act (PMLA).
The businessman left India in March 2016.
