Offence of private gain at the cost of public funds: Enforcement Directorate opposes Sanjay Raut bail plea

The Enforcement Directorate has filed its reply opposing the bail application filed by Shiv Sena Member of Rajya Sabha Sanjay Raut in connection to the money laundering case..The agency highlighted in the reply that the offence in the present case was for Raut’s private gain at the cost of public fund.”Money laundering in the present matter is of private gain of Raut at the cost of public funds (intended purpose of construction and rehabilitation). Economic offences, such as in the present case, cause huge loss of public funds and adversely affect the economy of the country. Any contention to the contrary is untenable and any relief claimed is unwarranted”, the reply stated. .The Central agency stated that Raut played a major role in the offence through his proxy and alleged aide Pravin Raut."In order to avoid the money trail, Raut has been operating behind curtains" the agency alleged..ED claimed that the sale proceeds were never utilised for completing the project thereby cheating MHADA, the tenants and the others.ED emphasised that sale proceeds were nothing but proceeds of crime.“Thus the applicant's claim that no proceeds of crime has been obtained from committing the scheduled offence is false and misleading”, the applicant stated..The agency denied having any vendetta or malice in the case.They claimed that Raut had made false claims that permissions had been granted for sale of a component of the building, when there was no express permission for any such sale..The applicant repaid the amount of ₹55 lakhs towards purchase of flat only after commencement of ED investigation; only when it came to light that it was a proceeds of crime and ED has started investigating it..ED also highlighted that Raut was very influential and powerful person, and if released on bail, he may influence and tamper the evidence. There are instances of his threatening witnesses, the agency reminded.“Ongoing investigation at crucial stage. New evidences are surfacing, indicating major role played by accused in the conception and execution. Considering the enormity of case and influence and power weilded by accused, releasing him will hamper probe” the agency pleaded..The agency filed the chargesheet in the Sessions Court department on Thursday. The Special Court under the Prevention of Money Laundering Act (PMLA) is yet to take cognizance. .Raut claimed in his bail application that ED’s case against him was filed to crush the Opposition faced by the ruling party. He also contended that the amount of Rs 1.06 crore shown as proceeds of crime was accounted for and explained.He was summoned for questioning in the re-development of Patra chawl and related transactions involving his wife and ‘associates’. ED had earlier interrogated Raut for over 10 hours on July 1 before summoning him again on July 20..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.