An application has been moved before the Special Central Bureau of Investigation Court by the CBI seeking an order for forfeiting of property in a foreign land. The application pertains to an account held with Barclay’s land by Nirav Modi. Nirav Modi and his uncle Mehul Choksi are being probed by multiple agencies for the allegation of defrauding of an amount over INR 13000 crore with the Punjab National Bank. The matter will be heard on April 4th, Wednesday.
CBI filed the application under Sec. 105C of the Code of Criminal Procedure which deals with the orders of attachment or forfeiture of property. It has also submitted to send a Letter Rogatory to authorize the officials in the United Kingdom to request them to freeze the bank account. A senior official said that the Financial Intelligence Unit wrote the CBI to inform that Barclays wished to discontinue the account held by Modi. That is the reason the officials proceeded to move to the special court seeking for an order to freeze the account under the provision of the CrPC.
The application informs the court that they suspect that the amount in the Barclays account is the proceeds of the fraud committed by Modi on PNB. On passing the order they will transmit the order through an LR which will be sent to the competent court in UK asking them to direct Barclays for freezing the concerned account. A Letter Rogatory is a formal request to a foreign court seeking judicial assistance in probing an entity in another country.
Already an LR has been issued by an Additional Chief Metropolitan Magistrate Court on an application submitted by tax authorities, to the authorities of Government of United Kingdom of Great Britain and Northern Ireland requesting to restrain Nirav Modi and Barclays Bank PLC from transferring 1.2 million GBP from the firm’s account with the bank. While the CBI is planning to move the court for the purpose of issuing a non-bailable warrant against Nirav Modi and Mehul Choksi.
The CBI official said that they have written to both Modi and Choksi on a couple of occasions but they did not succeed to join the probe. Instead of appearing, they kept on sending emails stating reasons for such absence. This made the authority to move for a non-bailable warrant against the accused.
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