Hemant Soren Case: Seized BMW Not 'Proceeds Of Crime', Tribunal Orders Its Release

The Delhi-based Appellate Tribunal of the Enforcement Directorate (ED) has directed the agency to release the BMW car that was seized from the residence of Chief Minister Hemant Soren in connection with an alleged land scam case.

The order, passed on September 25 by a tribunal bench chaired by member V Anandarajan, instructs the ED to release the vehicle within six weeks. The tribunal noted in its ruling that "a rapidly depreciating asset cannot be held indefinitely based solely on a vague apprehension."

Tribunal's Rationale

The order was passed following a hearing on a petition filed by the Bhagwan Das Holding Company, the registered owner of the car. The tribunal's decision was based on several key findings:

- Time Lapsed: Almost one year and nine months have passed since the car was seized.

- Lack of Evidence: The ED has filed two prosecution complaints (charge sheets) in the land scam case, but in neither of them has the car been described as "proceeds of crime."

- Contradictory Claims: This fact contradicts the ED's verbal claim during the hearing that the car was purchased with illicit funds.

Arguments And Conditions

During the hearing, lawyers for the petitioner company argued that the ED had neither named the company as an accused nor proposed the car for confiscation in its official complaints. In response, the lawyer for the ED maintained that the car was acquired from the proceeds of crime and needed to be retained as the investigation is ongoing.

While ordering the release, the tribunal has imposed conditions on the company:

• The vehicle cannot be sold or transferred for one year.
• It must be maintained in running condition.

The tribunal has also granted the ED the liberty to file a new prosecution complaint and take appropriate legal action if any future investigation reveals the company's involvement in the main case. The appeal was disposed of, as other equipment seized during the same search operation had already been released.

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