A Delhi court on Monday granted bail to a Chinese national accused of involvement in a Rs 20,000 crore money laundering case tied to Vivo China, ruling that trial courts must preserve an individual’s fundamental rights.
Guangwen Kuang, the Chinese national who had been imprisoned for 13 months, contended that keeping him in custody would serve no purpose because he had cooperated with the Enforcement Directorate (ED) that was investigating the case. This was his second bail application, and it cited a change in circumstances, including a delay in starting the trial.
“The Trial Courts are the litigant’s first point of contact and line of defense. As a result, the Trial Courts / Special Courts must preserve an individual’s fundamental rights,” stated Additional Sessions Judge Kiran Gupta of Patiala House Court in an order issued on Monday.
“Criminal law is best administered once the inconvenience it leaves on the personal life of an accused, also due to delay in hearing is least, lest the faith on constitutional The tenet emanating from the judicial interpretation of Article 21 protect oneself of life and personal liberty) will be rendered farcical,” the judge went on to state.
According to the central inquiry agency, Vivo China, which reportedly controlled Vivo India, skimmed off Rs 70,000 crore from India under the guise of imports. “Vivo China controlled and monopolized all Vivo Mobiles operations in India through Vivo India, which and its 23 SDCs (state distributor companies),” according to the agency’s additional charge sheet. The ED claimed that the earnings of crime, in this case, totaled Rs 20,241 crore. Kuang claimed that he held no important managerial positions and was not a beneficial owner or stakeholder in any of the enterprises reportedly under investigation by the ED.