Delhi Court Grants Bail To Accused Businessman Anoop Kumar Gupta

OVERVIEW

The businessman Anoop Kumar Gupta was granted bail by Delhi’s Rouse Avenue Court in connection to the alleged VVIP chopper scam which approximately amounted to Rs. 3600 crores. He had been arrested by the Enforcement Directorate on the 29th of January, 2021 and had been in custody ever since then.

Special Judge Arvind Kumar granted such relief to the accused businessman, who was “admitted to bail on his furnishing personal bond in the sum of Rs. 5 Lac with two sureties of the like amount with further conditions that :-

1. The accused shall not tamper with evidence.
2. The accused shall not try to contact or influence the witnesses.
3. The accused shall join investigation as and when called by the IO.
4. The accused shall not leave India without the permission of the Court.
5. The accused shall furnish his mobile numbers and e-mail IDs used by him to the investigating Officer. He shall also inform the change in mobile numbers and e-mail IDs, if any, to the IO.”

BACKGROUND

A contract for the supply of 12 VVIP/non VVIP helicopters was awarded to M/s Agusta Westland International Ltd., the British subsidiary of the Italy-based company, Finmeccanica, which amounted to Euro 556.262 million, approximately 3726.96 Crores INR, and the Ministry of Defence, Government of India and M/s Agusta Westland International Ltd executed the agreement to such effect 08.02.2010.
Such deal was scrapped in the year 2014.

The proceeds of crime of money laundering was approximately Euro 24.37 Million, out of which Euro 12.4 Million was “received in M/s Interstellar Technologies Ltd., which was further transferred to various companies including M/s Rawasi Al Khaleej General Trading LLC Dubai, M/s Carisma Investments Limited Mauritius, M/s Palmira
Consulting Services Limited, M/s Windsor Group Holdings Limited BVI, M/s Capital Infrastructure Limited, Mauritius etc. M/s Rawasi Al Khaleej General Trading LLC, Dubai (RAKGT) was incorporated in 2007 by M/s KRBL DMCC, Dubai.”

Directors of KRBL DMCC are Anoop Gupta, Anil Kumar Mittal and Arun Kumar Gupta. “M/s KRBL DMCC itself was incorporated in 2006 as 100% subsidiary of M/s KRBL Limited, India. M/s KRBL Limited is a prominent player in the Basmati Rice Industry in both domestic and overseas markets. Anoop Gupta is the Joint Managing Director of KRBL Limited.”

The Joint MD of the company was arrested by ED after his refusal to cooperate in the probe after the contract was scrapped by India in 2014 due to allegations of irregularities in performance of the contract.

FURTHER DETAILS

The Learned Counsels for the accused Anoop Kumar Gupta, Shri Shadman Ahmed Siddiqui and Shri. Shubham Prajapati brought to the attention of the Court the medical conditions of the accused who required immediate medical attention.

They also submitted that all the evidences are documentary in nature and the allegations made against the accused have to be tested during the trial, which might take years to be concluded, which makes the accused to be held in custody a moot point.

They further “submitted that twin conditions of Section 45 (1) of PMLA Act are not applicable in view of judgment passed by Hon'ble Supreme Court in “Nikesh Tarachand Shah's case, 2016 (11) Sec. 1 wherein Hon'ble Supreme Court observed that the twin conditions of Section 45 (1) of PMLA are violative of constitutional provisions and struck down the said twin conditions of Section 45 (1) PMLA.”

CONCLUSION

The learned counsel for the Enforcement Directorate, Shri N.K. Matta submitted that “there are sufficient incriminating documents have come on record to show the complicity of accused. This case involved the commission of serious economic offences having public ramifications which need to be considered seriously while granting bail. In such cases it is the interest of the public which needs to be considered and bail is liable to be rejected if it would result in the hindrance of further investigation and tampering of evidence. There exists a reasonable apprehension of accused tampering the evidence and hampering the investigation of the instant case. Further, being an influential person, his adverse impact on further investigation of the instant case is writ large. It is submitted that there is reasonable apprehension that accused will try to liquidate the proceeds of crime and destroy money trail apart from continuing to be involved in the commission of money laundering.”

The Court, after considering arguments of both the parties, granted the bail to the businessman after a personal bond and two sureties and promise on the behalf of the accused to comply with certain obligations such as making himself available for the investigation whenever called, and restrictions such as not to leave the country without prior approval of the court or tampering with evidences and witnesses.

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