New Delhi: The Delhi High Court on Wednesday issued notice to Enforcement Directorate (ED) on the petition moved by Mohd. Aslam Wani.
Wani has moved the court seeking quashing of the money laundering case against him, citing that he has already been acquitted in the main terror funding case. However, he was convicted under the Arms Act for possession of illegal arms.
The ED had filed a case on February 2, 2007, against Mohd. Aslam Wani, along with co-accused Kashmiri Separatist leader Shabir Shah. Wani was arrested on August 6, 2017. The High Court granted him bail on January 18, 2019.
Justice Sanjeev Narula issued a notice to the ED and sought a reply. The bench has listed the matter for hearing in September.
Advocate M S Khan appeared for Aslam Wani. He submitted that Wani was acquitted of offences other than the Arms Act for possessing illegal arms.
A case of Money laundering cannot be set up on the basis of possession of arms. There was no generation of proceeds of crime, as there was no sale of arms, the advocate added.
Aslam Wani has moved a petition through advocate Qausar Khan.
It is stated that on August 26, 2005, the Special Cell of the Delhi Police apprehended the Petitioner, Mohd. Aslam Wani and 5 Kgs of explosive, one Pistol with fifteen live cartridges and a cash of Rs 62,96,000 were seized from his possession.
Accordingly, an FIR under sections 120B, 121, 121-A, 122, 123 of IPC, 4 and 5 of Explosive Substance. Act, Sections 17 and 23 of the Unlawful Activities (Prevention) Act, and Section 25 of the Arms Act were registered at PS Special Cell, Delhi.
It was alleged that during the investigation of the case, the petitioner, Mohd Aslam Wani, disclosed that he had been working as a carrier for Shabir Shah for approximately 14 years, collecting money from operators in Delhi and delivering it to Shabir Shah in Srinagar. In lieu of this service, he was paid money by him.
The petitioner had admitted that out of the total Rs 62,96,000 recovered from him, he was to deliver Rs 52,96,000 to Shabir Shah in Srinagar, the plea mentioned.
Thereafter, the chargesheet was filed by the Special Cell against the Petitioner, Mohd. Aslam Wani under sections 120B, 121, 122, 123 of the Indian Penal Code, 25 Aims Act, 4 and 5 of Explosive Substances Act, and 17 and 23 of the Unlawful Activities Prevention Act, for which the petitioner Mohd. Aslam Wani was acquitted of all the offences and convicted only under Section 25 of the Arms Act for possession of arms on November 29, 2010, by the Hazari court.
Delhi police had challenged the acquittal order in an appeal. The appeal was dismissed, and Wani’s acquittal was confirmed by the High Court on October 31, 2017.
The plea stated that subsequently, since FIR and conviction under the Arms Act are scheduled Offences under the PMLA, an ECIR (Enforcement Case Information Report) was recorded, and the investigation was carried out.
On November 15, 2011, charges were framed against Aslam Wani and other co-accused Shabir Shah by the Patiala House Courts, New Delhi.
Thereafter, the matter was put up for Prosecution Evidence, and to date, only four witnesses have been examined out of the 33 witnesses in the First Complaint.
Thereafter, a supplementary complaint was filed against another co-accused, Dr Bilquies Shah, and a supplementary chargesheet against her was filed without arrest.
It is alleged that the petitioner, in his statements recorded under section 50 of the PMLA, stated that all the amounts were in cash and were handed over to accused Shabir Ahmed Shah, and on three occasions, to accused Dr Bilquies Shah.
This report is auto-generated from ANI news service. ThePrint holds no responsibility for its content.
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