New Delhi [India], The Delhi High Court on Monday dismissed bail pleas filed by Bharat Rashtra Samithi (BRS) leader K Kavitha in CBI and ED cases related to the tax policy case specials.
The court of Justice Swarna Kanta Sharma dismissed the bail pleas. The same court reserved the order in the matter on May 28, 2024.
Senior advocate Vikram Chaudhari and advocate Nitesh Rana for K Kavitha argued in the matter. Advocates Mohit Rao and Deepak Nagar also appeared for K Kavitha in the matter. Advocate DP Singh appeared for CBI and advocate Zoheb Hossain appeared for the Enforcement Directorate.
The CBI, while opposing the bail application, stated that further investigation is at a very crucial stage into certain key aspects including the involvement of other public officials and private individuals as well as to ascertain the flow of ill money. there have been.
If the accused petitioner is released on bail, it is very likely that she will frustrate the investigation, more specifically when she does not pass the 'triple test', as established by the Constitutional Court in a chain of sentences. The Enforcement Directorate (ED ) also opposed K Kavitha's bail plea and submitted that in the case of a money laundering offence, mere routine conditions ensuring the presence of the accused during the trial or protecting the evidence are not sufficient due to the trans - Border nature of the crime of money laundering and the influence that the accused can exert.
A defendant can anonymously eliminate the money trail using the technology available today to render the investigation and trial fruitless.
The Delhi High Court had earlier issued a notice to the Enforcement Directorate and the CBI on a bail plea filed by Bharat Rashtra Samithi (BRS) leader K Kavitha in the money laundering case related to the scrapped Delhi excise policy.Recently, the Enforcement Directorate (ED) filed a supplementary prosecution complaint (charge sheet) in the Excise Policy money laundering case in the 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 filed by K Kavitha claims that she is a mother of two children, one of whom is a minor and is currently in shock and under medical supervision. Kavitha, in her fresh bail application, alleges that members of the ruling party of the Center tried to drag her into the scandal.
She, through her bail plea, stated that the Enforcement Directorate's entire case depends on the statements made by the approver, witnesses or co-accused under Section 50 of the PMLA.
The Public Prosecutor's Complaints do not provide a single document that corroborates the statements. There is not a single piece of evidence pointing to the guilt of the petitioner. She further stated that since the arrest of the petitioner is illegal, Section 19 of the PMLA has not been complied with.
Neither the allegation of the actual cash transaction nor any money trail are known; Therefore, the satisfaction of guilt expressed in the warrant for her arrest is simply a sham and a pretext, she claimed.
On May 6, Delhi's Rouse Avenue Court dismissed bail petitions filed by Bharatiya Rashtra Samithi (BRS) leader K Kavitha in connection with CBI and ED cases related to the politics case of excise duty.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 to be arrested in the present case for carrying out her custodial interrogation to confront her with the evidence and witnesses to unearth the wider conspiracy hatched between the accused. and suspects regarding the formulation and implementation of the Excise Policy as well as establishing the trail of ill-gotten money generated and establishing the role of other accused and suspects including public servants as well as uncovering the facts that are of his exclusive knowledge."
The CBI probe was recommended based on the findings of the Delhi Chief Secretary's report submitted in July showing prima facie violations of the GNCTD Act, 1991, the Business Transactions Rules (ToBR)-1993, the Excise Act of Delhi-2009 and Delhi Excise Rules-2010. , the officials said.The ED and CBI had alleged that irregularities were committed in modifying excise policy, undue favors were extended to license holders, license fee was waived or reduced and L-licence was extended. 1 without the approval of the competent authority.
The beneficiaries diverted "illegal" profits to the accused officials and made false entries in their books of accounts to evade detection, the investigating agencies said.
According to the allegations, the Excise Department had decided to refund the security deposit of approximately Rs 30 million to a selected bidder against the laid down rules. Although there was no enabling provision, a waiver of the tendered license fees was allowed from December 28, 2021 to January 27, 2022 due to COVID-19, the investigation agency said and there was an alleged loss of Rs 144.36 crore to the exchequer.
The court of Justice Swarna Kanta Sharma dismissed the bail pleas. The same court reserved the order in the matter on May 28, 2024.
Senior advocate Vikram Chaudhari and advocate Nitesh Rana for K Kavitha argued in the matter. Advocates Mohit Rao and Deepak Nagar also appeared for K Kavitha in the matter. Advocate DP Singh appeared for CBI and advocate Zoheb Hossain appeared for the Enforcement Directorate.
The CBI, while opposing the bail application, stated that further investigation is at a very crucial stage into certain key aspects including the involvement of other public officials and private individuals as well as to ascertain the flow of ill money. there have been.
If the accused petitioner is released on bail, it is very likely that she will frustrate the investigation, more specifically when she does not pass the 'triple test', as established by the Constitutional Court in a chain of sentences. The Enforcement Directorate (ED ) also opposed K Kavitha's bail plea and submitted that in the case of a money laundering offence, mere routine conditions ensuring the presence of the accused during the trial or protecting the evidence are not sufficient due to the trans - Border nature of the crime of money laundering and the influence that the accused can exert.
A defendant can anonymously eliminate the money trail using the technology available today to render the investigation and trial fruitless.
The Delhi High Court had earlier issued a notice to the Enforcement Directorate and the CBI on a bail plea filed by Bharat Rashtra Samithi (BRS) leader K Kavitha in the money laundering case related to the scrapped Delhi excise policy.Recently, the Enforcement Directorate (ED) filed a supplementary prosecution complaint (charge sheet) in the Excise Policy money laundering case in the 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 filed by K Kavitha claims that she is a mother of two children, one of whom is a minor and is currently in shock and under medical supervision. Kavitha, in her fresh bail application, alleges that members of the ruling party of the Center tried to drag her into the scandal.
She, through her bail plea, stated that the Enforcement Directorate's entire case depends on the statements made by the approver, witnesses or co-accused under Section 50 of the PMLA.
The Public Prosecutor's Complaints do not provide a single document that corroborates the statements. There is not a single piece of evidence pointing to the guilt of the petitioner. She further stated that since the arrest of the petitioner is illegal, Section 19 of the PMLA has not been complied with.
Neither the allegation of the actual cash transaction nor any money trail are known; Therefore, the satisfaction of guilt expressed in the warrant for her arrest is simply a sham and a pretext, she claimed.
On May 6, Delhi's Rouse Avenue Court dismissed bail petitions filed by Bharatiya Rashtra Samithi (BRS) leader K Kavitha in connection with CBI and ED cases related to the politics case of excise duty.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 to be arrested in the present case for carrying out her custodial interrogation to confront her with the evidence and witnesses to unearth the wider conspiracy hatched between the accused. and suspects regarding the formulation and implementation of the Excise Policy as well as establishing the trail of ill-gotten money generated and establishing the role of other accused and suspects including public servants as well as uncovering the facts that are of his exclusive knowledge."
The CBI probe was recommended based on the findings of the Delhi Chief Secretary's report submitted in July showing prima facie violations of the GNCTD Act, 1991, the Business Transactions Rules (ToBR)-1993, the Excise Act of Delhi-2009 and Delhi Excise Rules-2010. , the officials said.The ED and CBI had alleged that irregularities were committed in modifying excise policy, undue favors were extended to license holders, license fee was waived or reduced and L-licence was extended. 1 without the approval of the competent authority.
The beneficiaries diverted "illegal" profits to the accused officials and made false entries in their books of accounts to evade detection, the investigating agencies said.
According to the allegations, the Excise Department had decided to refund the security deposit of approximately Rs 30 million to a selected bidder against the laid down rules. Although there was no enabling provision, a waiver of the tendered license fees was allowed from December 28, 2021 to January 27, 2022 due to COVID-19, the investigation agency said and there was an alleged loss of Rs 144.36 crore to the exchequer.
