Gold theft case: ED to register case by Monday or Tuesday

THIRUVANANTHAPURAM: The Enforcement Directorate (ED) is set to soon register a case in the Sabarimala gold theft case. Following an order by the Kollam Vigilance Court, the Special Investigation Team (SIT) has handed over copies of the case records to the ED. The agency has received remand reports of the accused, their statements, investigation details, and seized documents.

The ED’s Kochi unit has sought permission from its Delhi headquarters to register an ECIR, which is equivalent to an FIR. Sources said that the ED is likely to register the case by Monday or Tuesday. The agency has already begun a preliminary probe into the gold smuggling case.

After recording statements of the accused who are currently in remand, the ED is expected to name them as accused and take them into custody. While the ED’s main focus will be on money laundering, details related to the gold smuggling are also expected to emerge. There are indications that Unnikrishnan Potty and former Devaswom Board presidents N. Vasu and A. Padmakumar may also be named as accused.

If the ED makes arrests in the case, bail may be denied for a period ranging from three to six months. The assets and income of the accused and their family members will also be examined. It is common practice for the ED to strengthen cases by turning one of the accused into an approver, which is legally permitted. The case would become stronger if one of the accused admits to all transactions and becomes an approver.

There is also a Supreme Court ruling stating that the ED is not required to provide the accused with a copy of the ECIR at the time of registering the case. Under Section 50 of the Prevention of Money Laundering Act (PMLA), ED officials have the powers of a civil court to investigate money laundering cases. Statements recorded by ED officials have the status of evidence before a court.

Powers of the ED:

• ED officials have civil court powers during investigations.
• ED actions cannot be challenged in civil courts; only special courts have jurisdiction.
• If there is information about money laundering, the ED can break open and inspect lockers and seize documents.