While opposing AAP Rajya Sabha MP Sanjay Singh’s plea against his arrest and remand in the money laundering case pertaining to the excise policy, the Enforcement Directorate (ED) told the Delhi High Court Thursday that a clear-cut case was made out against him. Appearing for the ED, Additional Solicitor General SV Raju argued before a single-judge bench of Justice Swarana Kanta Sharma that Singh’s reliance on the Supreme Court verdict in Pankaj Bansal’s case was not applicable. He submitted that in the Pankaj Bansal case, written grounds of arrest were not given, and that Singh’s case was different as it is an “admitted case that written grounds of arrest were given to him”. Raju further said the grounds of arrest point to Singh’s role which alleges that he was “part of a conspiracy of collecting kickbacks from liquor groups”. “A clear-cut case is made out that he (Singh) is guilty of offence under Section 4 (Prevention of Money Laundering Act). The grounds of arrest make out a case and. give reasons of arrest. There has been total compliance of Section 19 (power to arrest under PMLA),” Raju said. Raju argued that the special judge’s remand order was passed after “total application of mind” and considering case papers, and it cannot be interfered with unless there is an error apparent on the face of the record. Raju also opposed Singh’s contention that because his name is not there in the predicate offence probed by the CBI, therefore, he could not have been arrested for an offence under the PMLA by ED. “It is not necessary that a person should be accused both in the predicate offence or PMLA offence. The law doesn’t require this as these are two independent offences,” Raju said. The ED has alleged that Rs 2 crore from Dinesh Arora (who is turned approver in the CBI and ED excise policy case) was given to Singh’s associate, Sarvesh Mishra. Raju also said Singh’s prayer for quashing of the remand order has become infructuous as he was already sent to judicial custody on October 13.
