The Delhi Rouse Avenue Court has noted the arrest of Dev Inder Bhalla, a Singapore-based businessman, cannot be considered legal and granted him an interim bail in connection with a money laundering case.
The businessman in question has been linked to a UPA-era defence deal with aircraft manufacturer Embraer.
The matter relates to the supply of 3 EMB-145 aircraft to the Government of India under DRDO. The charges against Dev Inder Bhalla are that he made shell companies to launder money received as commission in the deal.
Bhalla was arrested by the Enforcement Directorate at Netaji Subhash Chandra Bose International Airport Kolkata on February 13, 2023.
Special Judge Anil Antil said the agency was not legally empowered for arresting the accused without the knowledge of Court. It also added that the Court is not empowered to seek his custody remand at this stage the case.
The Court said Enforcement Directorate cannot act in a camouflaged manner to arrest the accused. The Court said that on one hand, the Enforcement Directorate is carrying summons to execute them for his appearance and at the same time they are also taking aid of NBWs to justify their arrest.
The court also added that the arrest and the custody remand of the accused are not justified in the given facts of the case.
The application seeking custody remand is not maintainable and is hereby dismissed. The accused is entitled to be released forthwith.”
The court found it appropriate and justified or releasing the businessman on interim bail till the next date of hearing i.e. February 24, 2023, on his furnishing a personal bond in the sum of Rs 1,00,000 with one surety of the like amount.
It was alleged that CBI got the reference with regard to the allegations that M/s Embraer is being investigated by US and Brazil authorities regarding the alleged employment of an agent for facilitating the contract for the Airborne Early Warning and Control (AEW&C) Project with CABS/DRDO for procurement of 3 fully modified EMB-145 aircraft.
During inquiries, it was revealed that M/s Embraer, Brazil had engaged a middleman i.e. Vipin Khanna ( now deceased) NRI based in the United Kingdom to secure the contract for supplying EMB-145 aircraft to Indian Government as a platform for (AEW&C) Project.
Dev Inder Bhalla was represented by Advocates Aditya Singh Deshwal and Ridam Arora.