AgustaWestland Scam: Delhi court rejects plea by Christian Michel seeking release from custody

A Delhi court recently rejected a plea filed by Christian Michel seeking release from custody in the alleged AgustaWestland VVIP chopper scam. .Michel is alleged to be the middleman in the ₹3,600 crore scam and had approached the court for release from custody on the ground that he has undergone the maximum period of detention in the case..By way of an order passed on February 23, special CBI judge Sanjeev Aggarwal of Rouse Avenue Court rejected the plea observing that it was without merit.The court noted that the CBI has also invoked Section 467 (forgery) of the Indian Penal Code (IPC) against James and the offence carries sentence for life and, therefore, the plea that he has undergone the maximum period of detention was not tenable."Since Section 467 IPC has been invoked by the prosecuting agency by way of supplementary charge sheet, this plea that the accused has already undergone the maximum period of detention u/S. 415, 420 IPC as well as u/S. 8 of the PC Act is not tenable, as the prosecuting agency has also invoked Section 467 IPC, which entails punishment upto life,” the Court said..The Court further stated that it was not clear, under what provision of Criminal Procedure Code (CrPC), the application for release from custody had been moved.Judge Aggarwal said that James could only be released on bail as per Chapter XXXIII of CrPC but his counsel has contended that the application is not for grant of bail but for release from custody."He has failed to point out any provision of law under which the said application has been moved. Even otherwise this court being a trial court is not a constitutional court clothed with powers of writ jurisdiction, therefore, relief of release sought by way of present application is even otherwise misconceived for this reason also.”.Michel, a British citizen, is accused of having entered into as many as twelve contracts with AgustaWestland to legitimize the illicit commission/kickbacks amounting to 42.27 million Euro received on the procurement of VVIP helicopters by the Government of India.He was extradited to India in December 2018 and has since then been in custody.Advocate Aljo K Joseph argued the case for Michel.Special Public Prosecutor DP Singh along with advocates Manu Mishra and Shreya Dutt appeared for the CBI..[Read Order]