'ED failed to comply with Mandatory Safeguards': Ved Pal Tanwar Before Delhi HC in his Plea Challenging Arrest in Haryana Illegal Mining Case

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Synopsis

Ved Pal Tanwar approached the Delhi High Court, on Monday, September 23, challenging his arrest by the Enforcement Directorate (ED) for his alleged involvement in illegal mining in the Dadam area of Haryana. Tanwar in his plea asserted the arresting agency failed to comply with the mandatory safeguards that are outlined under Sections 19(1) and 19(2) of the Prevention of Money Laundering Act (PMLA).

The bench of Justice Neena Bansal Krishna, recording Tanwar's submission, issued a notice to ED and listed the matter for October 18.

Senior Advocate Pramod Kumar Dubey, representing Tanwar, challenged his arrest by the Enforcement Directorate (ED) and the subsequent remand order issued by the trial court.

Notably, on August 17, the Saket District Court granted Tanwar 8 weeks of interim bail. Additional Sessions Judge (ASJ) Ravindra Kumar Pandey approved the bail after reviewing Tanwar's medical records and the arguments presented by Senior Advocate Pramod Kumar Dubey.

In light of the medical reports, ASJ Pandey stated, "Considering the report of the jail authorities regarding the health condition of the accused, along with the medical documents provided, the Court believes that the applicant is entitled to interim bail on medical grounds for eight weeks."

Senior Advocate Pramod Kumar Dubey had previously submitted that Tanwar falls within the category of sick and infirm as the doctors at DDU Hospital had recommended surgery for umbilical hernias.

At this juncture, Special Public Prosecutor Advocate Zoheb Hossain for the ED opposed the bail application filed by Tanwar. The ED alleged that Tanwar suppressed the substantial facts of the case and thereby misled the investigation. It said he gained at least Rs. 37 crore from the illegal mining. 

According to the ED, a search and seizure operation was conducted on August 3, resulting in the confiscation of large amounts of unaccounted cash, documents, and jewelry worth Rs. 3.7 crore, cash amounting to Rs. 26.45 lakh, and a Mercedes car valued at Rs. 1 crore.

The ED further alleged that during the search, it was discovered that Tanwar was a key managerial figure responsible for illegally acquiring mining rights and for conducting illegal and unscientific mining beyond permissible limits.

The present case stemmed from a complaint filed by the Regional Officer of the Haryana State Pollution Control Board, Bhiwani, against the firm M/s. Govardhan Mines and Minerals. As a result, an FIR was registered by the Haryana Police under various sections of the Indian Penal Code (IPC).

The investigation revealed that the said firm was involved in large-scale illegal and unscientific mining in the Dadam area of Haryana, which caused alarming environmental damage and losses to the exchequer.

Moreover, around five individuals succumbed to the rampant illegal mining in the area due to landslides.

Case Title: DIRECTORATE OF ENFORCEMENT VS VED PAL TANWAR (CRL.M.A. 25268/2024)

[Inputs: ANI]