PMLA case: Enough evidence against Waze, others, says court as it rejects his plea to turn approver

Agencies

MUMBAI: A special court here, while rejecting dismissed policeman Sachin Waze's plea to turn approver in a money laundering case, has said the ED prima facie has sufficient evidence against him and other accused, and that there was no need for his help.

By filing such an application, Waze admits to be “privy to the offence allegedly committed by the accused”, special court judge A U Kadam hearing cases pertaining to the Prevention of Money Laundering Act (PMLA), stated in the order passed on October 23.

The other accused in the case, probed by the Enforcement Directorate (ED), includes former Maharashtra Home Minister and NCP (SP) leader Anil Deshmukh.

In the plea to turn approver (seek pardon) in the money laundering case, Waze had said that he wants to disclose all the facts pertaining to the case.

His application was opposed by the ED, saying that prosecution under the PMLA is against the proceeds of crime with entirely different motives than the other prosecution agency.

“Therefore, considering the nature of investigation and evidence collected by the ED, it is not required to grant pardon to Waze which amounts to giving him clean chit, when he is equally liable for the offence committed,” the prosecution contended.

The court noted that the objective of Code of Criminal Procedure (CrPC) section 306 is to allow pardon in the cases where serious offences have been committed by several people and with the aid of the pardoned person's evidence, the case may be brought to its logical conclusion.

The basis of the tender of pardon is not to the extent of culpability of the pardoned accused, but “the principle is to prevent the escape of the offenders from punishment in serious offences for lack of evidence”, the special court said.

According to the prosecution, there is ample evidence against not only the present applicant (Waze), but also against other offenders, the order said.

The court underlined that the record reflects that this is not the case where several offenders may escape due to lack of evidence.

“On the contrary, the prima facie evidence collected by the investigating agency with the specific provisions of the PMLA, 2002, is sufficient to show the concern of the applicant and other accused with the alleged offence,” the court said.

It added that by filing an application of such nature, the “applicant admits that he was privy to the offence allegedly committed by the accused”.

In such a background, there is no need to seek evidence from the co-accused with a view to fasten liability against other offenders only, the court observed.

It then rejected Waze's plea, ruling that “it was devoid of merits”.

The ED's case is that while serving as state Home Minister, Deshmukh, through the then assistant police Inspector Waze collected Rs 4.70 crore from various bars and restaurants in Mumbai.

The money was then laundered and routed to the Nagpur-based Shri Sai Shikshan Sansthan, an educational trust controlled by the Deshmukh family, the ED has alleged.

The dismissed police officer is also a prime accused in the ‘Antilia' bomb scare case being probed by the National Investigation Agency (NIA) and is currently in judicial custody.