[PMLA Case] Entire amount was stamped under his name: ASG submits before Delhi HC in AAP Leader Satyendra Jain's bail hearing
The Delhi High Court listed the Bail Plea hearing of AAP leader Satyendra Jain on Tuesday due to time constraints.
;The Delhi High court on Thursday heard the submissions of Additional Solicitor General (ASG) SV Raju for the Enforcement Directorate (ED) in Aam Aadmi Party (AAP) Minister Satyendra Jain's bail plea in a money laundering case.
The Single Judge Bench of Justice Dinesh Kumar Sharma heard the submissions made by ASG for Enforcement Directorate in a Money Laundering case wherein the AAP leader Satyendra Jain and two co-accused Ankush Jain & Vaibhav Jain have filed bail applications.
ASG Raju said in his submissions that in the rejection order, it was mentioned that the money actually belonged to Satyendra Jain but in fact, it was all bogus and that the accused was himself part of the company.
Justice Sharma observed that any transaction before the cheque is not objectionable and that the allegations seemed notional rather than substantial. Court by citing an example said that if this is the case, then the accused can be said as a De Facto Director but not a De Jure Director.
It was stated by ASG that the accused controlled the actions of the people who were responsible for the actions of the company. It was further stated that the argument was not notional and that the entire amount had been stamped under the name of the accused and was then transacted.
ASG Raju placed reliance on “DDA vs. Skipper Construction Pvt. Ltd.” wherein it was held that possession may not be actual but may also be constructive where the accused on behalf of someone has money. By relying on it, it was stated that the directors were family members and they did not maintain the sanctity of the company.
On November 17, the Rouse Avenue Court denied bail to Jain in the money laundering case. The AAP leader was arrested in a money laundering case by Enforcement Directorate on May 31, 2022.
It was alleged that the companies owned and controlled by him received up to Rs. 4.81 crores from shell companies through the Hawala network.
Due to time constraints, the matter is listed on March 21.
Case Title: Satyendra Kumar Jain vs. Directorate of Enforcement