Embraer Defence Deal: Delhi Court Slams ED For Arresting Singapore Businessman Without Permission, Orders Interim Release
1 year, 10 months ago

Embraer Defence Deal: Delhi Court Slams ED For Arresting Singapore Businessman Without Permission, Orders Interim Release

Live Law  

A Delhi Court on Thursday rapped the Enforcement Directorate for arresting a Singapore-based businessman at Kolkata airport without its permission in a money laundering case connected to the alleged employment of agents by Embraer for facilitating contract for Airborne Early Warning & Control Project with DRDO for procurement of 3-fully modified EMB-145 aircrafts in 2008.Dev. Continuing, it said, "So, when after the carrying out the investigation, complaint/chargesheet has been filed against the accused herein; cognizance of the offences has been taken; summons have been issued pursuant to that, the Act of the agency in apprehending/arresting the accused without permission of the Court, and/or seeking his PC remand is totally un-justified in the given facts and circumstances of the case." "In a given case, if the accused may intend to appear before the court to attend trial or the accused is present in person in the court along with his surety pursuant to the summons issued to him in that situation, can the agency still arrest him merely by stating that his PC remand is required at this stage, ; and/or may be the accused is on interim bail or seeking regular bail by moving such applications, can the agency say that NBWs that were taken prior to filing of the charge sheet / complaint case on which cognizance has already been taken and the said accused has been summoned by the court pursuant thereto, and still arrest him and seek his PC, I would absolutely say No. "Further, since the accused is present in the court; the summons have been issued to him for his appearance by the court; the next date of hearing fixed in the matter is 24.02.2023, the prosecution is directed to provide complete set of complaint and documents to the accused within two days from today, and since he was forwarded to face trial without arrest in terms of the complaint so filed by the agency, I deem it appropriate and justified to release him on interim bail till the next date of hearing of the case ie.

History of this topic

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4 years, 4 months ago

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