PANJIM: Alleged hawala operator Raichand Soni questioned the competency of Crime Branch (CB) to ascertain the source of money he delivered to former Louis Berger executive Sanjay Jindal while also reiterating he paid the money from his personal account.
During a fresh bail plea argument on Monday, defence counsel Nitin Sardessai submitted that the possible third degree used by CB on his client during the six-day custodial interrogation could not establish anything. The court has reserved the verdict for Wednesday.
“You (CB) might have used third degree methods to know the source of income if at all I am not ready to disclose anything. This raises three possibilities, that what I have been saying since the very beginning that I used my personal account to give the money is correct, or I am a hardened criminal or the CB is thoroughly incompetent…” he said during a 15-minute long argument before Special Judge B P Deshpande.
The prosecution, led by Special Public Prosecutor Rajeev Gomes, opposed the bail plea arguing that Soni neither disclosed details of the person who transferred money to be delivered to ex-LB executives nor his personal/business bank details to attest his claims.
During discussions on Soni’s previous bail application, which was filed while he was in police custody and was rejected, Sardesai had said that Soni paid Jindal on request from friend and MD of Shah Consultancy Prasanna Shah. Jindal and Shah are prosecution witnesses, whose statements were recorded before the judicial magistrate under Section 164 of CrPC.
On Monday, the counsel stated that not appealing against the special court’s order to reject prosecution’s plea for his extended police custody, explains that CB does not need him for investigations during this stage. Soni’s previous bail application was rejected last Thursday, and a day later, he was sent to judicial custody.
The prosecution apprehended that his release on bail would pose a threat to evidence, witnesses and it was likely that he would flee to Dubai where he is settled for about 4-5 years. Sardesai, however, contested the submission claiming his client has nothing to do with any form of evidence or witness.
“He is ready to surrender his passport, and he is not powerful like other accused to tamper with evidence or influence witness,” he said. “Since he is in judicial custody and custodial interrogation is not required, he should be released on bail.”
