Former minister Partha Chatterjee, who holds the number-2 position in Mamta Banerjee's party, will be in jail till August 31. On Thursday, the High Court extended his custody by 14 days. During this, Partha Chatterjee's lawyer said that Parth has serious diseases. His hemoglobin has decreased. He lives in Kolkata, so there is no possibility of him absconding. The court rejected all the arguments and did not grant bail to Parth.
It was a matter of hearing on custody. Now get to know the most interesting part of it. The ED told the court that after the registration of the case, the houses of Partha Chatterjee and Arpita Mukherjee were raided. It was learned that there are many immovable properties in Arpita's name. On the first day on July 23, Rs 21 crore 90 lakh was received from his flat.
After interrogation of both, raids were conducted again on July 27. This time Rs 27 crore 90 lakh was received from Arpita Mukherjee's flat in Belgharia. Gold worth Rs 5 crore was recovered from this flat. It was in biscuits and ornaments. The weight of each bracelet found here is up to 500 grams. Apart from this, gold pens were also found.
More than 60 bank accounts, 31 insurance policies
There are 31 insurance policies in Arpita's name. Partha Chatterjee's name is in his nominee. There are also more than 60 bank accounts in which crores of rupees were deposited. This money was transferred by making fake companies. All companies are on paper, not on the ground. Their investigation is also going on.
There is a partnership deed in the name of Parth and Arpita, dated 1st November 2012. The ED is probing whether there has been any fraud through the trust as well. ED says that Partha Chatterjee is an influential person, MLA. They can influence witnesses and evidence. Therefore they should not be granted bail.
Partha Chatterjee, 70, was arrested on 23 July. He is in custody for the last 27 days. The investigating agency said that crores of rupees, gold, jewelry, property, and bank accounts were recovered and seized while in Parth's custody. There is no reason to grant him bail now. ED's counsel Firoz Edulji and Anamika Pandey told that after hearing the arguments, the court gave the custody of Parth and Arpita till August 31.
Teachers recruited by taking bribe
Evidence of recruiting teachers by taking bribes has been found in the raids. Money transactions have also been detected in the recruitment of primary teachers along with assistant teachers. Partha Chatterjee and Arpita Mukherjee were not only involved in this, but they also helped.
Many such documents were also found, which point toward money laundering. There was also the registration of a company named Ananta Taxfeb Private Limited in the name of Arpita.
Cash and gold deposited in RBI treasury
50 crores and jewelry found from Parth and Arpita have been deposited in the treasury of RBI. If the allegations are proved to be false, they will all be returned to them. If the allegations are true, then the entire money will go to the government treasury. Also, both can be jailed for up to 7 years.
ED has the right to raid for investigation
ED, CBI, and Income Tax Department have the power to investigate, inquire, conduct raids and seize property in money laundering or income tax fraud. These agencies take the seized money in their custody. Then the money is either returned to the accused by the order of the court or it becomes the property of the government.
The whole process is not that easy, it consists of many steps…
Bhaskar spoke to Supreme Court lawyer Virag Gupta about this. He said that the ED, CBI, and Income Tax Department have two parts to investigate – one is arrest and interrogation, and the other is to conduct raids to collect evidence related to it.
Investigating agencies conduct raids based on different information. Therefore, an accused don't need to be raided only once.
ED has the power to confiscate property under PMLA
Virag Gupta says that the ED has the right to confiscate the property under the Prevention of Money Laundering Act 2002, ie PMLA 2002, the Customs Department under the Customs Act, and the Income Tax Department under the Income Tax Act.
According to the law under which the investigating agency works, it has the power to raid, confiscate and deposit the confiscated goods in the warehouse.
ED prepares panchnama of seized goods
Many things can be recovered in the raid - these can be documents, cash, and valuables like gold and silver ornaments.
Virag told that Panchnama is made of the things seized in the raid. It makes the investigating officer of the investigating agency. The Panchnama is signed by two witnesses. Along with this, the person whose goods are there also has a sign. After the Panchnama is prepared, the confiscated goods become case property.
Now know what happens to the seized money, jewelry, and property?
Rupee: First of all, the panchnama of the confiscated money is made. It is mentioned in the Panchnama how many paise were received, how many bundles there are, and how many rupee notes are there. If there is any mark or something written on the note or in the envelope, then it is deposited with the investigating agency. It is presented as evidence in court. The rest of the money is deposited in the central government account in RBI or SBI.
Sometimes it is necessary to keep some money. He is kept by the investigating agency till the completion of the trial of the case by internal order.
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