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Court sends AAP MLA Naresh Balyan to custody under MCOCA

AAP MLA Naresh Balyan has been sent to one-day judicial custody by the Rouse Avenue Court in connection with an extortion case. The case involves allegations of his association with a crime syndicate led by gangster Kapil Sangwan.

News Arena Network - New Delhi - UPDATED: December 5, 2024, 08:57 PM - 2 min read

AAP MLA Naresh Balyan remanded to custody in extortion case.


AAP MLA Naresh Balyan has been sent to one-day judicial custody by the Rouse Avenue Court in connection with an extortion case. The case involves allegations of his association with a crime syndicate led by gangster Kapil Sangwan.

 

Delhi Police claims that Balyan identified potential extortion targets for the syndicate, invested the illicit money in properties, and also received a share of the extorted funds.

 

Delhi Police presented Balyan before Special Judge Kaveri Baweja, seeking a 10-day custody remand to facilitate further interrogation. However, the court decided to send Balyan to judicial custody for one day, citing the need for more time to review the submissions and materials presented by both sides.

 

The judge noted that the matter required a thorough review of statutory provisions and legal precedents before making a decision on police custody.

 

The police informed the court that Balyan had been arrested under the Maharashtra Control of Organised Crime Act (MCOCA) and accused of facilitating the extortion network operated by Sangwan.

 

The prosecution argued that Balyan’s role in the syndicate was critical, as he allegedly used a VPN to communicate with Sangwan and played a significant part in laundering the extorted money.

 

The Special Public Prosecutor also highlighted that three co-accused are already in judicial custody, and two others have made confessional statements under MCOCA, further implicating Balyan.

 

Balyan’s defence counsel, Dr. N.C. Sharma, opposed the application for police custody, arguing that the conditions outlined under Section 2(D) of MCOCA were not met.

 

The defence claimed that Balyan was not involved in any case carrying a sentence of more than three years, except for the current allegations.

 

They also contested the prosecution's reliance on an audio clip allegedly linked to Kapil Sangwan, arguing that the voice in the clip had not been scientifically verified, nor was the source of the clip authenticated.

 

The court emphasised the need to balance the prosecution's requirements for further investigation with the rights of the accused. Balyan will remain in judicial custody until further deliberations are completed.

 

He is scheduled to be produced before the designated MP/MLA court on the following day.

 

The case has garnered attention due to its implications for political accountability and the alleged misuse of power by elected representatives.

 

While Delhi Police continues its probe into the activities of the crime syndicate, the court's decision on extending custody will play a crucial role in determining the next steps in the investigation.

 

During the proceedings, the court also permitted Balyan to carry his prescribed medication while in judicial custody. The decision reflects the court’s adherence to ensuring basic rights for the accused while addressing the gravity of the allegations.

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