Monday, October 09, 2023

Naresh Goyal was uncooperative, slowed investigation: ED to Bombay High Court

The Enforcement Directorate (ED) has told the Bombay High Court that it arrested Jet Airways founder Naresh Goyal as he had been uncooperative, which in turn slowed the pace of the investigation being conducted by the agency in the money laundering case filed against him.

The agency made the submission in an affidavit, which added that Goyal's attempt at non-cooperation proved his malafide intention to defraud banks.

"Goyal was highly uncooperative, recalcitrant, evasive and suspicious in his statements and conducts and therefore the arrest was made in order to proceed the investigation and trace the trail of the proceeds of crime. His deliberate attempt to non-cooperation and non-submission of documents/ information proved that the loan amounts were embezzled and siphoned off in a piecemeal manner with malafide intention to defraud the banks. Non-cooperation of accused with the investigation had slowed the pace of investigation being conducted by this directorate," the affidavit stated.

The agency filed the affidavit to oppose the habeas corpus writ petition filed by Goyal challenging his arrest.

Goyal was arrested by the ED on September 1 in a case where Goyal had been accused of cheating and misappropriating funds allegedly causing a wrongful loss of ₹538 crores to the Canara Bank.

Goyal claimed in his petition that the orders placing him under ED custody first and judicial custody subsequently were without any application of mind.

Goyal submitted that ED failed to make out any grounds for arrest and that there could have been no reasonable belief on the part of the ED to believe he committed money laundering.

The ED highlighted in its affidavit that the memo of the arrest was duly prepared had been signed by the authorised persons. The grounds for Goyal's arrest had been duly informed and furnished to him and his wife, the ED added.

09/10/2023 Neha Joshi/Bar and Bench

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