A city court on Wednesday refused to extend the police custody of Deepak Kumar the whistleblower in the DDA housing allotment scam and sent him to judicial custody till January 31.
The contention of the Economic Offences Wing (EOW) officials that further custodial interrogation of Kumar was necessary to probe his possible role in helping other people open bogus bank accounts in the scam failed to cut ice with the court.
Additional Chief Metropolitan Magistrate Digvinay Singh ruled that extension of police custody could not be given on the ground that cases that might be registered in the future.
Deepak was being produced in the court after completion of his day-long police remand that was granted in the third FIR pertaining to his opening a bogus bank account in the fictitious name of Rajiv Kumar.
According to the FIR,Deepak had asked co-accused Dinesh to open an account with the Punjab & Sind Bank using the fictitious name and the photo and signature of the latter. Raju Ram,a co-accused who had gave Rs 9 lakh to Deepak for applying in the scheme,was issued two cheques from this bank account,EOW officials claimed.
Producing Deepak before the judge,the prosecution sought another four days to interrogate him and contended that despite conducting raids at his house and office,they had failed to recover incriminating documents,including the passbook and chequebook of the said account. They further argued that Deepak might be involved in opening other bogus accounts as well.
Counsel for Deepak,Jinendra Jain,however,argued that the agency had already been given sufficient custody time of the accused and whatever documents that might be unearthed would have already been recovered in the two raids conducted till date.
Following the defence arguments,ACMM Singh observed that mere apprehension could not be a valid ground for extending Deepaks custody and the EOW had to first lodge FIRs in connection with other allegations against the accused.
Jain also moved two bail applications,one in connection with the forged PAN card case and the other pertaining to the forged bank account case. The court is expected to hear the bail applications on Thursday.
Meanwhile,the court allowed an application filed by the EOW whereby the agency has decided to send notices to all successful allottees in the DDA housing scheme,asking for details of their applications and monetary transactions.