Special Court Dismisses Discharge Plea in High-Profile Money Laundering Case
A special court in Mumbai has delivered a significant ruling in the ongoing money laundering case against former Maharashtra Home Minister Anil Deshmukh. On Saturday, the court firmly rejected the discharge application filed by Premier Port Links Pvt Ltd, a company linked to Deshmukh's son Salil, along with two chartered accountants, Vishal Hatwani and Vinod Hasani.
Court Cites Prima Facie Evidence of Corporate Structure for Money Laundering
In a detailed order, special judge Mahesh Jadhav held that there was prima facie material to proceed against the applicants. The court observed that Premier Port Links appears to be one of the entities controlled and managed by Anil Deshmukh and his family. It was allegedly utilized as part of a larger corporate structure created specifically for the layering and integration of tainted funds.
The judge stated, "Applicant company, which is having substantial control of Deshmukh and family, is directly linked to the beneficiaries of Deshmukh family out of the proceeds of crime." This finding underscores the court's view of the firm's integral role in the alleged financial scheme.
Defense Arguments and ED's Allegations
Premier Port Links, represented by Salil Deshmukh, had sought discharge on the grounds that the company was "unnecessarily dragged" into the case by the Enforcement Directorate (ED). The defense argued that while the alleged bribery transactions pertained to 2020–21, the transactions involving the company referenced in the ED complaint dated back to 2004–07.
The plea further contended that:
- The company was duly audited during the relevant periods.
- These older transactions could not be remotely linked to the current money laundering case.
- From March 2010 onwards, the company had no active business, no significant cash flows, and its assets largely comprised non-income-generating agricultural land.
However, the ED has alleged that transactions involving Premier Port Links were linked to the laundering of money allegedly received as bribes by Anil Deshmukh. The agency claims these bribes were funneled from bar and hotel owners through co-accused, dismissed police officer Sachin Waze.
Prosecution's Counter and Court's Observations on Financial Transactions
Opposing the discharge plea, special public prosecutor Sunil Gonsalves argued that money laundering is a continuing offence. He emphasized that loan transactions linked the company directly with the proceeds of crime.
The court accepted the ED's contention, noting specific financial dealings. It highlighted that Premier Port Links had allegedly acquired loans worth Rs 2.20 crore from another firm. In this other firm, the Deshmukh family had infused funds through share capital and subsequently acquired a 50 per cent stake for a "meagre" Rs 17.5 lakh, despite the firm having assets worth Rs 5.4 crore.
Role of Chartered Accountants in the Case
The two chartered accountants, Vishal Hatwani and Vinod Hasani, had contended in their discharge applications that they were not beneficiaries of any transactions. They asserted they had merely rendered professional services in their capacity as accountants.
The court, however, observed that prima facie evidence indicated they were aware of the proceeds of crime. The judge noted that they had allegedly assisted Anil Deshmukh in the layering of funds, a critical step in the money laundering process.
Case Status and Next Steps
The trial in this high-profile money laundering case is yet to begin. With the discharge pleas now rejected, the legal proceedings against Premier Port Links Pvt Ltd and the two chartered accountants will move forward. The court's ruling reinforces the ED's position and sets the stage for a detailed examination of the financial trail and corporate structures allegedly used to disguise illicit funds.
This development marks a crucial moment in the investigation, which has drawn significant public and media attention due to the involvement of a former high-ranking state official and allegations of corruption within law enforcement circles.
