Court issued new notice to jail superintendent
New Delhi: Delhi’s Patiala House Court on Monday issued a fresh notice to the Jail Superintendent directing it to file the medical condition report on cardiology and gastroenterology of Hariom Rai, Managing Director of Lava International.
Hariom Rai was recently arrested by the Enforcement Directorate along with Chinese nationals Guangwen Kuang, Andrew, Nitin Garg and Rajan Malik in a Prevention of Money Laundering Act (PMLA) case related to Chinese mobile company Vivo. All the accused in this case are currently in judicial custody.
Additional Sessions Judge Pawan Kumar listed the case for December 8, 2023, following requests from both the parties. The court took note of the arguments of advocate Nitish Rana, appearing for Hariom Rai, who said that under Section 167 of the CrPC According to this, 60 days are mandatory.
Expires on 07.12.2023 and the Enforcement Directorate is to file charge sheet on December 7, 2023; Otherwise, the accused or applicant will be entitled to statutory bail on 8 December 2023.
Lava International Managing Director Hariom Rai has recently filed a bail plea in the trial court citing medical grounds. The petition also said that the allegations made against him are false and absurd. He has no direct or indirect control over Vivo’s business, nor has he received any monetary benefit, nor has he engaged in any transaction with Vivo or any entity allegedly related to Vivo, in connection with any alleged ‘crime’ Forget about being linked to ‘income’.
He further explained that since Vivo China wanted to enter India, applicant Hariom Rai met Shen Wei, CEO of Vivo China, in 2013. At that time, Vivo and the Applicant/LAVA were considering a joint venture where there would be 25% shares. Must be held by the applicant/LAVA. However, it ultimately did not succeed and Vivo decided to operate its business in India.
The petition further states that the negotiations and business negotiations between the applicant and the representatives of Vivo China failed and did not reach any fruitful end, due to which the applicant stopped pursuing the said opportunity and thereafter Vivo China and/or its representatives Had nothing to do with. 2014. Merely because, over the years, international relations between India and China have deteriorated would not mean that the applicant has committed the offense at the relevant time when, in fact, there were friendly trade relations between the two countries.
According to the ED, some Chinese shareholders of Grand Prospect International Communication Pvt Ltd incorporated the company on the basis of forged identity documents and wrong addresses.
During the inquiry, some fraudulent activities were found by the Ministry of Corporate Affairs. The ED said that the said company was not reported as a subsidiary of Vivo in the official records even though the said company publicly describes itself as a subsidiary of Vivo.
The ED further alleged that director and shareholder Zhang Jie used a false driving license to apply for a Director Identification Number (DIN) to provide his Shillong address and also used his fake driving license to open a bank account. Did. Along with the allegation of fraud, an FIR under section 417/120B/420 IPC was registered at Kalkaji police station in South East Delhi and another FIR under section 417/420/468/471/120B IPC by the Economic Offenses Wing. Was also recorded. , Delhi Police, based on a complaint filed by Manjeet Singh, the then Deputy Registrar of Companies, Ministry of Corporate Affairs, NCT Delhi.
ED further alleged that soon after the incorporation of M/s Vivo, India, 19 more companies including M/s GPICPL were incorporated across India, which were completely controlled by Chinese nationals. Accused Bin Luo was the founder and first director of Vivo India, GPICPL and all other 18 entities at the time of their incorporation and accused Nitin Garg had assisted in the incorporation of most of the Vivo group companies.
According to the Enforcement Directorate, raids were conducted on the premises of the accused on October 9 and cash worth over Rs 10 lakh was seized and four accused were arrested, identified as Guangwen Qiang alias Andrew Kuang, Chinese national, Hariom Has been. Rai, Lava International MD Rajan Malik and chartered accountant Nitin Garg.
Investigation revealed that the PMLA investigation was initiated by the ED by registering a money laundering case on February 3, 2022.
