RJD MP Amarendra Dhari Singh denied bail in fertiliser subsidy scam; Court says possibility of witnesses tampering

By Sushil Batra
New Delhi [India], June 23 : A Special Court of Delhi on Monday dismissed the bail plea of Rashtriya Janata Dal (RJD) MP Amarendra Dhari Singh, who was arrested by the Enforcement Directorate on June 2 on the charges of money laundering in connection with an alleged fertiliser subsidy scam.
Special CBI Judge Vikas Dhull, while deciding the bail on Wednesday, said, "possibility of tampering with the witnesses, the accused being an influential person and the investigation being at an initial stage."
The Court also noted, "Investigation is at the stage of collection of evidence regarding identification of proceeds of crime and finding of the trail of remaining ill-gotten money, which in the case of money laundering, is generally routed through a complex web of companies..."
Advocate Nitesh Rana, Special Public Prosecutor, and Special counsel Zoheb Hossain appeared for the Enforcement Directorate, and Senior Advocate Siddharth Aggarwal and Advocate Madhav Khurana appeared for Amarendra Dhari Singh in the matter.
It was submitted by Senior Advocate Siddharth Aggarwal for the accused that since the accused is a sick person undergoing treatment for lymphatic cancer since 2002 and having regard to his heart ailment, the accused does not deserve to be remain incarcerated as the same will have an adverse impact on his health.
Accordingly, it was prayed that as per provision of Section 45 of PMLA, a case for grant of bail is made out on the ground of the accused being sick and infirm.
It was further submitted that there is no chance of the accused fleeing from this country if released on bail as he has got deep roots in society. It was submitted in this regard that the accused is a sitting Rajya Sabha Member of Parliament, his lawyer submitted.
Lawyers appeared the ED strongly opposed the bail plea and submitted that the accused in his statement under Section 50 of PMLA has not been able to give the source of such huge funds received by him in cash or in the entities owned by him. Therefore, there is prima facie material to hold that accused is involved in the offence of money laundering.
The accused is also not entitled to bail as per proviso to Section 45 of the PMLA on the ground of he being a sick and infirm person as there is nothing on record to suggest that accused is sick to that extent that in case he remains incarcerated, then his health condition will further deteriorate, ED lawyers submitted.
According to the probe agency, Amarendra Dhari Singh is stated to be the senior vice president of a firm involved in the case, identified as Jyoti Trading Corporation. He is involved in the export and import of fertilizers since the 90s. Singh imports fertilizers for private companies and exporting them to the Middle East and other countries.
Advocate Amit Mahajan, Standing Counsel for central government and Special Public Prosecutor Nitesh Rana of ED, stated, "Money was paid through hawala operators and intermediaries. Group companies of co-accused Rajeev Saxena, who is an accused in Augusta Westland Case also, were used for receipt of commission from supplier of fertilizers and other products to IFFCO and Indian Potash Limited (IPL)."
During the commission of the crime, sham consultancy agreements were made as also fake invoices for consultancy services, without providing any such services, and thus commission was received from group companies of Rajeev Saxena without any genuine transaction and that money was actually illegal commission generated out of import of fertilizers and raw material, according to the ED.
The ED further added that the accused acted as an intermediary along with other accused of channelising the ill-gotten money through different firms and companies. In this manner, Rs. 685 Crores approximately were received in the bank accounts of the group companies and individual accounts of Rajeev Saxena and other accused including the present accused A. D. Singh.