07-Mar-2024 11:32 PM
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New Delhi, Mar 7 (Reporter) A Delhi court after hearing a fresh complaint on behalf of Enforcement Directorate (ED) on Thursday issued a fresh summons against Delhi Chief Minister Arvind Kejriwal for non-compliance of summons in a money laundering case related to the alleged liquor policy scam case.
The court took cognizance of the complaint and listed the matter for appearance of Kejriwal on March 16.
Additional Chief Metropolitan Magistrate (ACMM) Divya Malhotra after hearing the submissions on behalf of ED said, "To sum up, from the contents of the complaint and the material placed on record, prima facie offence under Section 174 of the Indian Penal Code, 1860 is made out and there are sufficient grounds for proceeding under Section 204 of the Code of Criminal Procedure, 1973 against accused Mr. Arvind Kejriwal.
Accordingly, issue summons to accused Mr. Arvind Kejriwal for the offence under Section 174 of the Indian Penal Code, 1860 for 16.03.2024".
Counsel for ED submitted that the Assistant Director, ED, issued summons dated January 12, January31 and February 14 to the proposed accused “to give evidence in connection with the investigation or proceedings under PMLA.” ... in pursuance of his powers under Section 50(2), PMLA.
Government counsel submitted that as per the mandate of Section 50(3) of the Act, the respondent/ proposed accused was legally bound to comply with the summons but allegedly he failed to do so.
He further submitted that the complaint accompanied by the supporting documents discloses all the necessary ingredients constituting the offence punishable under Section 174 of IPC r.w.s. 63(4), PMLA.
He said this is the second complaint against the same person with the similar allegations and every non-compliance of the summons issued by a public servant would tantamount to a separate offence.
The court said Kejriwal has been issued eight summons in the case. ED had earlier filed a complaint case against Kejriwal for not complying with the initial three summons issued to him which is also listed on March 16.
Enforcement Directorate has alleged that the excise policy was implemented as part of a conspiracy to give wholesale business profit of 12 percent to certain private companies, although such a stipulation was not mentioned in the minutes of meetings of Group of Ministers (GoM).
ED has alleged that the accused were in touch with Kejriwal regarding the preparation of the Excise policy for 2021-22...////...