THIRUVANANTHAPURAM: The enforcement directorate (ED) will take key accused Swapna Suresh into custody from the National Investigation Agency (NIA) in connection with the probe into the proceeds of gold smuggling case under the sections of Prevention of Money Laundering Act (PMLA).
Top ED sources confirmed that she will be taken into custody most likely on Friday. The arrests in the cases being probed by enforcement directorate are usually rare as the provision for bail under sections of PMLA are not easy, but since the gold smuggling case is a multi-dimensional case being probed by other agencies as well, the enforcement directorate is also leaving no stones unturned so as to ensure a fool-proof probe.
“The ED can hold the accused in its custody for a maximum of 14 days, but the accused will be retained in the custody depending on the outcome of the interrogation,” sources said.
Once interrogation is complete, the accused will be produced in the PMLA special court.
The ED probe has a wider scope since the case not only deals with the proceeds of the crime, but also those who helped in rolling the money, even though they do not have a direct link with the specific crime.
“Every case registered by the ED will be based on an original crime registered by another agency. But unlike in the case of other agencies, the onus of proving any unexplained, unaccounted income will be on the accused and not the investigating agency. If the accused is not able to explain such income, the proceeds will be attached,” he said.
In the gold smuggling case, the ED had slapped the provisions of more stringent PMLA, and not just Foreign Exchange Management Act (FEMA) as the NIA had chipped in with the provisions of unlawful activities prevention act (UAPA). Once the prevention of money laundering act (PMLA) kicks in, the charges will be non-bailable, and several other measures like freezing of the bank accountss and attachment of properties etc would also follow.
The penalty under the PMLA act can also include an imprisonment up to seven years. With the ED also joining the probe, three parallel investigations into the gold smuggling case will progress.
Top ED sources confirmed that she will be taken into custody most likely on Friday. The arrests in the cases being probed by enforcement directorate are usually rare as the provision for bail under sections of PMLA are not easy, but since the gold smuggling case is a multi-dimensional case being probed by other agencies as well, the enforcement directorate is also leaving no stones unturned so as to ensure a fool-proof probe.
“The ED can hold the accused in its custody for a maximum of 14 days, but the accused will be retained in the custody depending on the outcome of the interrogation,” sources said.
Once interrogation is complete, the accused will be produced in the PMLA special court.
The ED probe has a wider scope since the case not only deals with the proceeds of the crime, but also those who helped in rolling the money, even though they do not have a direct link with the specific crime.
“Every case registered by the ED will be based on an original crime registered by another agency. But unlike in the case of other agencies, the onus of proving any unexplained, unaccounted income will be on the accused and not the investigating agency. If the accused is not able to explain such income, the proceeds will be attached,” he said.
In the gold smuggling case, the ED had slapped the provisions of more stringent PMLA, and not just Foreign Exchange Management Act (FEMA) as the NIA had chipped in with the provisions of unlawful activities prevention act (UAPA). Once the prevention of money laundering act (PMLA) kicks in, the charges will be non-bailable, and several other measures like freezing of the bank accountss and attachment of properties etc would also follow.
The penalty under the PMLA act can also include an imprisonment up to seven years. With the ED also joining the probe, three parallel investigations into the gold smuggling case will progress.
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