New Delhi [India]: The Rouse Avenue court on Friday issued notice to the Directorate of Enforcement (ED) on a bail plea moved by CA Tejinder Pal Singh, accused in the Delhi Jal Board money laundering case.
Special judge Bhupinder Singh issued notice to ED on the bail application of Tejinder Pal Singh and directed him to file a reply. The matter has been listed on April 8 for a hearing.
Recently, the probe agency filed a charge sheet against four people. The court issued summons to accused persons after taking cognizance of the charge sheet.
The money laundering case is related to alleged irregularities in the tendering process for the procurement of electromagnetic flow metres of Delhi Jal Board. ED lodged a case of money laundering based on a case of CBI.
The ED in its charge sheet alleged that part of the proceedings of crime was transferred by former DJB Chief Engineer and other officers for election funding of Aam Aadmi Party.
According to the ED’s charge sheet, “The investigation revealed that out of proceed of crime (Bribe) to the tune of Rs. 2,00,78,242, which had been acquired by Jagdish Kumar Arora, was transferred by him through Tajinder Pal Singh to various persons including other officers of Delhi Jal Board.”
“Investigation also revealed that Jagdish Kumar Arora and other officers of Delhi Jal Board further transferred part of said PoC for election funding of Aam Aadmi Party (AAP),” ED said.
ED further said, “An investigation concerning final utilization of the proceeds of crime (PoC) amounting to Rs. 2,00,78,242 which was transferred to various persons including officers of Delhi Jal Board and for election funding of AAP is ongoing.”
It is alleged that former DJB chief engineer Jagdish Kumar Arora received proceeds of crime Rs. 3.19 crores through CA Tejinder Pal Singh. ED said that in respect of the said DJB contract of Rs 38 Cr, out of total the payments of Rs. 24,74,71,376 disbursed by DJB, funds to the tune of Rs. 10,62,22,694 were not utilized in the performance of the contract and were either retained by M/s Integral Screw Industries and NKG Infrastructure Ltd or were paid to Jagdish Kumar Arora as illegal gratification/bribe and is therefore proceeds of crime within the terms of Section 2(1)(u) of PMLA, 2002 as the same was derived or obtained as a result of criminal activity of award of contract based on false documents.
“Jagdish Kumar Arora was actually and knowingly involved in concealment of PoC to the tune of Rs. 3.19 Crores. Jagdish Kumar Arora was also actually and knowingly involved in concealment of PoC of Rs 36,35,368 by covertly investing the same in immovable property by inter-mingling with funds (Rs 28,60,250) from other sources,” the Charge sheet said.
On April 4, the other two accused Jagdish Arora and Anil Agarwal produced for judicial custody. Tejinder Pal Singh appeared on Thursday. Devender Mittal was exempted as he was hospitalized.
The Court directed the ED to supply a copy of the charge sheet along with documents to the accused persons.
The Rouse Avenue court on April 3, took cognizance of the Enforcement Directorate’s charge sheet filed in an alleged money laundering case against a former Chief Engineer of Delhi Jal Board (DJB), a contractor, a CA Tejinder Pal Singh, a former NBCC officer Devender Mittal and a firm namely NKG Infrastructure Ltd.
ED had arrested former chief Engineer Jagdish Arora and contractor Anil Kumar Agarwal in connection with the case while the other two accused have been charged sheeted without arrest.
Special Judge Singh said, “As such, cognizance of the offence of Money Laundering as defined Under section 3 read with Section 70 of the Prevention of Money Laundering Act, 2002, punishable under Section 4 of the said Act is hereby taken by this court.”
“Accordingly M/s NKG Infrastructure Ltd. (through its authorized representative) which is a company, Tajinder Pal Singh and Devender Kumar Mittal, who have not been arrested in the present case be summoned and production warrants be issued against Accused Jagdish Kumar Arora and Sh. Anil Kumar Aggarwal, who is in custody in the present matter, through the concerned Jail Superintendent to appear in person to face the trial for the aforesaid offence, for the next date of hearing,” the special ordered on April 3.
The court observed, “From the material placed on record, it appears that all the Accused persons / Company are either directly or indirectly found to be indulged or knowingly assisted or have been a party to or involved in the process or activities relating to the relation of the proceeds of crime or its concealment, possession, acquisition, use and projecting or claiming the same as untainted property.”
“In the opinion of the court, there is sufficient material on record to proceed against the Accused persons for the charges mentioned against them in the complaint,” the court said.
As per ED’s complaint Accused M/s NKG Infrastructure Ltd. got the tender for supply, installation, testing and commissioning (SITC) of electromagnetic flow meters and corresponding O&M Operations for five years which was floated by Delhi Jal Board through Notice Inviting Tender (NIT) dated on 15-12-2021, based on false performance certificates issued by Accused D.K. Mittal, the then General Manager (Faridabad Zone) NBCC (India Ltd.).
Special Public Prosecutor (SPP) Manish Jain along with advocates Snehal Sharda and Ishan Baisla appeared for ED. SPP Jain further alleged that the work was subcontracted to M/s Integral Screw Industries Ltd., Proprietorship Firm of Accused Anil Kumar Aggarwal. It is also stated that out of the amount of Rs.24,74,71,376 released by Delhi Jal Board to M/s NKG Infrastructure Ltd. against the work awarded to it, Rs 10,62,22,694 was generated into proceeds of crime, and shared by NKG Infrastructure Ltd., accused Anil Kumar Aggarwal, Jagdish Kumar Arora, the then Chief Engineer, Delhi Jal Board who awarded the contract to M/s NKG Infrastructure Ltd., which was transferred/routed to him through Accused Tajinder Pal Singh.