Metropolitan magistrate Snigdha Sarvaria had yesterday sent Khaitan in two-day judicial custody after ED submitted that he was not required for further custodial interrogation.
Khaitan was produced before the court after expiry of his five-day ED custody.
ED had earlier alleged in the court that Rs 360 crore was paid as kickbacks in the entire deal.
Khaitan has filed a bail application, through advocate Pramod Kumar Dubey, on which the chief metropolitan magistrate had issued notice to ED to give its response by tomorrow.
The bail plea would also be taken up for hearing tomorrow when Khaitan would be produced in court.
In the bail plea, Khaitan said he should be enlarged on bail as he has always cooperated during the investigation and there was no apprehension that he would flee from justice.
ED submitted that Khaitan was on board of Chandigarh-based company Aeromatrix which was allegedly a front firm for the financial dealings in the chopper deal.
Khaitan's counsel, however, had told the court that his client was nowhere connected with the day-to-day affairs of the firm and he had resigned from the post way back in October 2010.
Khaitan was arrested under provisions of the Prevention of Money Laundering Act (PMLA) by ED which had lodged a case in July this year against Khaitan, former IAF chief SP Tyagi and 19 others in the VVIP chopper deal case to probe alleged kickbacks.
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