The Supreme Court on Wednesday asked the Enforcement Directorate to focus on the “quality” of its prosecution and evidence, pointing out the probe agency's low conviction rate in money laundering cases.
“You need to concentrate on the quality of prosecution and evidence. In all the cases where you are satisfied that a prima facie case is made out, you need to establish those cases in the court…Out of 5,000 cases registered in 10 years, there have been 40 convictions. Imagine now,” a three-judge bench of Justices Surya Kant, Dipankar Datta, and Ujjal Bhuyan told the ED - referring to a statement made in Parliament by the Union Ministry of Home Affairs on the data of ED cases.
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The top court's remarks came while hearing a bail plea filed by a Chhattisgarh-based businessman, Sunil Kumar Agrawal, who was arrested in connection with a money laundering case involving illegal levy on coal transportation.
{{/usCountry}}The top court's remarks came while hearing a bail plea filed by a Chhattisgarh-based businessman, Sunil Kumar Agrawal, who was arrested in connection with a money laundering case involving illegal levy on coal transportation.
{{/usCountry}}“…In this case, you are harping on the statements given by some witnesses and affidavits. This kind of oral evidence…this type of oral evidence, tomorrow, God knows that person will stand by it or not. You should do some scientific investigation,” the bench told Additional Solicitor General S V Raju, appearing for the ED.
What was the case?
The ED investigation in the money laundering case stems from an Income Tax department complaint that was registered following raids made by the department in June 2022. The case relates to an alleged scam in which an illegal levy of ₹25 was being extorted for every tonne of coal transported in Chhattisgarh by a cartel involving senior bureaucrats, businessmen, politicians and middlemen.
The probe agency, in its second supplementary chargesheet, alleged that IAS officer Ranu Sahu, who served as the collector of Korba district during the scam, facilitated the collection of illegal levy amounts from the coal transporters and District Mineral Fund (DMF) contracts by Suryakant Tiwari and his associates, and received huge bribes from them.
Agarwal, the Chhattisgarh-based businessman, was arrested in the case last year.
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On April 8, the Chhattisgarh high court rejected his interim bail plea, following which he moved the Supreme Court to challenge the court's order. On May 19, the top court directed Agarwal's release on interim bail subject to his furnishing bail bonds.
On Wednesday, the top court made its earlier order absolute, granting the businessman interim bail.
According to Justice Datta, section 19 of PMLA requires the arresting officer to give “reasons to believe” to the accused and asked ASG Raju whether he thought the arresting order was sustainable in the present case.
(With inputs from PTI)