Wilful evasion and non-cooperation with investigation : NBW justified

Delhi High Court Upholds Non-Bailable Warrants Against Shravan Gupta in PMLA Case Court Dismisses Petitioner's Plea for Cancellation of Warrants, Citing Wilful Evasion and Non-Cooperation

In a significant legal development, the Delhi High Court has upheld the issuance of Non-Bailable Warrants (NBWs) against Shravan Gupta, a prominent businessman, in connection with a case under the Prevention of Money Laundering Act (PMLA). The court, presided by Justice Neena Bansal Krishna, dismissed Gupta's plea seeking the cancellation of the NBWs, emphasizing the necessity of his physical presence for custodial interrogation.

The case revolves around allegations of corruption and money laundering related to the AgustaWestland Helicopter deal, with Gupta accused of receiving significant sums as proceeds of crime through foreign companies. Despite being served nine summonses, Gupta failed to appear before the Enforcement Directorate (ED), citing health and business commitments, and instead offered to cooperate via video conferencing.

The court observed that the issuance of NBWs is a coercive measure necessary to ensure the presence of an accused who persistently evades the judicial process. Justice Krishna highlighted that video conferencing cannot substitute for physical presence when confronting voluminous documents, particularly in complex economic offences under the PMLA.

Gupta's arguments of innocence and non-involvement in the alleged offences were countered by the court's emphasis on the need for custodial interrogation to unearth the money trail and confront him with incriminating evidence. The court also dismissed claims of mala fide intent and political vendetta, stating that the allegations lacked substantive evidence.

The judgment underscores the court's stance on the criticality of cooperation in investigations, especially in cases involving serious economic offences. It affirms the judiciary's role in ensuring that the due process of law is not thwarted by the accused's deliberate non-compliance.

Bottom Line:

Issuance of Non-Bailable Warrants (NBWs) justified in cases of wilful evasion and non-cooperation with investigation, especially in serious economic offences under PMLA requiring custodial interrogation.

Statutory provision(s): Section 482 CrPC, Section 73 CrPC, Section 82 CrPC, Prevention of Money Laundering Act, 2002

Shravan Gupta v. Directorate of Enforcement, (Delhi) : Law Finder Doc Id # 2804371