Court Grants Bail To Chinese Accused In Hawala Transaction

Luo Sang from the country had allegedly procured forged documents, which he then used to incorporate shell companies for committing hawala transactions.

While granting relief, the court observed that the alleged forged and fabricated documents used by the accused -- Luo Sang -- for procuring his PAN Card and Aadhar Card have till date not been seized by the investigating officer (IO).

In its order passed on Tuesday, the court said that the prosecution failed to throw any light upon the nature of these documents to say with certitude that the documents used by the accused in procuring Aadhar Card and PAN Card were infact ‘forged documents’ in the technical sense.

The court further noted that the accused was in judicial custody for about 170 days.

“Considering the nature of allegations and the period of incarceration, accused Luo Sang is admitted to bail on his furnishing bail bond in the sum of Rs one lakh with two sureties each in the like amount,” Additional Sessions Judge Dharmender Rana said.

The court directed the accused to appear on each date of hearing as fixed and not to leave the country without the permission of the court.

“He shall inform the concerned IO about his active mobile number and he shall always keep his mobile phone on at all times. He shall drop a pin on the google map to ensure that his location is available to the IO,” the judge said.

Senior advocate Vikas Pahwa, appearing on behalf of the accused, argued that the charge sheet was already filed in the case and that no fruitful purpose would be served by keeping him behind the bars.

The counsel said that the evidences in the present case were documentary in nature which were already in the possession of the prosecution and trial in the matter was likely to consume considerable time and there is no likelihood that applicant may attempt to influence the witnesses.

The application further submitted that the accused was married to an Indian woman and had a child, and hence he was not likely to abscond.

Pahwa submitted that the allegations were false and claimed that the accused was doing legitimate business of custom clearance and consultancy business and has not indulged in any kind of illegal business as alleged by the prosecution.

The prosecution opposed the bail application, saying the accused was a Chinese national who has been instrumental in hawala transactions and money laundering.

It alleged that the accused was in touch with various entry and hawala operators who run several bogus entities and bank accounts having credit of more than Rs 100 crore over a period of one year.

The prosecution further added that the accused used to provide money to various lamas (spiritual leader) in India who received funds at the behest of accused from bogus entities.

It said that if the accused was released on bail, he may leave the country.

According to the prosecution, the accused procured forged and fabricated Aadhar Card, PAN Card, Passport etc. and used these IDs to incorporate shell companies for committing hawala transactions. (With PTI inputs)