New Delhi, Aug 10 (IANS) The Enforcement Directorate (ED) has sought a maximum of seven years of rigorous imprisonment for Robert Vadra and others in the tainted 2008 Gurugram land deal, shows the prosecution complaint filed by the probe agency at a Special PMLA court in Delhi.
The probe agency has also sought confiscation by the government of 43 immovable properties allegedly acquired by Vadra and others using proceeds of crime (PoC) generated through money laundering.
The Special PMLA court in Delhi has fixed August 28 to take cognisance of the ED complaint and issued a notice to Vadra.
While elaborating on the mode of generation of PoC of money laundering by Robert Vadra in the land deal, the ED alleged in the complaint that the husband of Congress MP Priyanka Gandhi Vadra and other accused also committed a penal offence of dishonest or fraudulent execution of a deed of transfer containing false statements (Section 423 of Indian Penal Code).
In its prosecution complaint filed in a Special PMLA court in Delhi, the ED sought a maximum of seven years imprisonment for Vadra and other accused under Section 4 (Punishment for money laundering) and suggested penal or criminal action for the fraudulent execution of the deed.
“The transfer deed was executed containing a false statement of consideration with regards to receipt of sale consideration by the seller from the buyer and with regards to the total amount of consideration as well, thereby violating the provisions of section 423 of IPC. The buyer had never issued the cheque to the seller and the cheque mentioned in the sale deed did not pertain to the buyer,” said the chargesheet.
Alleging a loss of Rs 44 lakh caused to Haryana government in stamp duty, the ED said: “The sale deed refers the valuation of the said land at Rs 7.50 crore, on the contrary the seller got the payment of Rs 7.95 crore on August 9, 2008 (against sale consideration and stamp duty); and Rs 7.43 crore on August 16, 2008 (additional sale consideration). The undervaluation of the land directly leads to evasion of stamp duty.”
Earlier, the ED justified its decision to file the PMLA case in the Special Court in Delhi by claiming that all the accused, except one, reside in Delhi and all the entities associated with the accused, which are involved in the process of money laundering, are registered in the Delhi jurisdiction.
It is submitted that the FIR in this case was filed by the Gurugram Police.
However, the offence of money laundering was committed by the accused at various places/states including Delhi, Haryana, Punjab, Uttar Pradesh, Gujarat and Rajasthan.
“Further, most of the bank accounts of the entities associated with Vadra, identified as accused number 1, are also situated in Delhi and used by the accused in Delhi to acquire assets or to satisfy the liabilities of companies registered in Delhi,” it said.
The ED said that Vadra received Rs 58 crore as proceeds of crime (PoC) of the involved money laundering and claimed that its investigation led to the provisional attachment of 43 immovable properties, totalling Rs 38.69 crore, identified as direct or value equivalent to Proceeds of Crime.
Seeking confiscation of the 43 immovable properties, the ED said: “The complaint is filed with the prayer to punish the accused persons under Section 4 (Punishment for money laundering,) which is a rigorous imprisonment for three to seven years and confiscation by the government of the properties earned by the accused as proceeds of crime.”
–IANS
rch/pgh
