Delhi’s Patiala House Court on November 11 granted regular bail to Chinese national Guangwen, alias Andrew, in the Vivo Mobile money laundering case. Andrew, who worked as an admin manager, was arrested in October 2023 in connection with the alleged proceeds of crime amounting to Rs 20,000 crores.
Additional Sessions Judge (ASJ) Kiran Gupta after considering the facts, circumstances and period of custody granted bail to Guangwen alias Andrew. His earlier bail application was dismissed.
“Considering the totality of the facts and circumstances; the fact that the applicant is one of the employees and nothing has been received in his account except salary; the period of custody undergone; that the trial is yet to commence, keeping in mind the import of the catena of decisions of Honorable Supreme Court and High Court of Delhi as discussed, the present application is allowed,” the court ordered on November 11.
ASJ Kiran Gupta observed, “In the present case, the present applicant is in Judicial custody since October 10, 2023. He had already suffered incarceration for around 13 months. The complaint and the relied upon documents by the Agency are running into 1000 pages and 16 trunks.”
The court noted that the main complaint is at the stage of supplying of documents and service of accused persons who are foreign nationals. Nothing adverse regarding the conduct of the applicant in the past has been brought to the notice of the court.
He has been granted bail on furnishing personal bond in the sum of Rs.2 lakhs with two sureties of the like amount.
The court imposed conditions including that he shall surrender his passport immediately and shall not leave the country without prior permission of the court. He shall ordinarily reside at his place of residence and keep his phone operational at all times. He shall immediately inform in case of change in the address by way of an affidavit, to the investigating officer as well as the Court.
The applicant shall not directly or indirectly communicate or visit co-accused persons or the witnesses or offer any inducement, threat or intimidate or influence any of the prosecution witnesses or tamper with the evidence of the case, the court ordered.
It was submitted by the defence Counsel that there is change of circumstances pursuant to the rejection of the first bail application of the applicant as supplementary prosecution complaint has been filed against additional accused persons.
It was further submitted that the number of persons who have been named as an accused in the Prosecution Complaint (PC) have not been served, hence, the trial in the instant case is not likely to start in the near future.
It was also submitted that the investigation related to the applicant is complete as Prosecution Complaint (PC) has been filed on 06.12.2023. The record is bulky in 16 trunks and prosecution has cited 527 witnesses in the PC.
The counsel further submitted that the association of the applicant with VIVO China prior to becoming an employee of VIVO India, has no bearing in the present matter, the predicate offence or the allegations in the PC.
He was working in the capacity of HR and Admin Manager in the Greater Noida Factory since March 2016, the counsel submitted.
The counsel also submitted that the applicant is a permanent resident of China and has been legitimately working in India pursuant to an employment Visa granted by the concerned authorities. He is not a key managerial person or beneficial owner or shareholder of any of the companies allegedly involved in the investigation of the ECIR. He has nothing to do with the finances of any of the companies allegedly involved in the investigation of ECIR.
It was also submitted that the emails relied upon by the Agency showing the applicant co-ordinating with consultants and employees of the SDCs in relation to the status of obtaining PAN, TAN and Bank Account are prior to 2016.
He in connivance with the co-accused persons created a mesh of companies all over the country, which was then used for acquiring and siphoning of PoC. He wilfully assisted in acquisition of Proceeds of Crime (PoC). It was submitted that there is presumption under Section. 24 PMLA, the ED said.
Vivo China through its employees and accused persons has created an elaborate network of companies under a corporate veil controlled by Vivo India, which in turn is controlled by Vivo China and has acquired PoC of around Rs 20,000 crores, which were siphoned off by Vivo India to overseas trading companies based in Hong Kong, Samoa and British Virgin Islands, which were predominantly under the control of Vivo China.
The agency prayed that since the applicant has failed to satisfy the twin condition & triple test, the application be dismissed.-TIN Bureau