New Delhi, Aug 5 (PTI) The Enforcement Directorate (ED) on Tuesday informed a court that the plea of alleged middleman Christian Michel James for release in the AgustaWestland VVIP chopper case was "misleading and devoid of any merits." Special judge Sanjay Jindal was hearing James' plea for release on the ground that he had undergone the maximum period of sentence of seven years for the purported offences.

The EDs in its reply said, "That with respect to the submissions made by the accused Christian Michel James that he has already undergone the period of maximum sentence prescribed for the offences for which he was extradited to India from United Arab Emirates, so, he is entitled to be released by virtue of the provisions of section 436 A of CrPC it is most respectfully submitted that the aforesaid submissions are misleading and devoid of any merits." Section 436 A of the erstwhile CrPC deals with maximum period for which an under trial prisoner can be detained.

The ED reply said under the prevention of money laundering act (PMLA) provision, the the maximum sentence prescribed for the offence of money laundering was seven years.

"The date of the arrest in the present case being December 22, 2018, the maximum period of imprisonment provided for the offence has yet not expired and therefore the present entitlement sought by the accused under the provisions of section 436A of CrPC is premature and is therefore liable to be dismissed," it added.

On August 4, the ED and CBI opposed the plea of Michel's counsel Aljo K Joseph that he was entitled to be released under provisions of Section 436A of the CrPC.

James was extradited from Dubai in December 2018 and was subsequently arrested by the CBI and the ED.

He was granted bail in the CBI case by the Supreme Court on February 18 this year.

Two weeks later, he was granted bail in the ED case by the Delhi High Court.

Michel, however, has not furnished bail bonds and remains in Tihar prison, awaiting the renewal of his passport.

The ED chargesheet led against James in June 2016 alleged that he received 30 million euros (about Rs 225 crore) from AgustaWestland. PTI MNR MNR AMK AMK

Right to release under Section 436A deemed premature as maximum PMLA sentence period from arrest remains incomplete. The Enforcement Directorate contends that the accused's claim to release under Section 436A is premature because the maximum seven year sentence prescribed under the PMLA, computed from the December 22, 2018 arrest date, has not yet expired; accordingly the ED opposes release and characterises the plea as misleading and devoid of merit.