The Enforcement Directorate had made the plea to declare Choksi a Fugitive Economic Offender in July last year.
Citing technical loopholes, Mehul Choksi has filed yet another application before the special Prevention of Money Laundering Act (PMLA) court, that the Enforcement Directorate's plea seeking to declare him a Fugitive Economic Offender (FEO) under the new FEO Act be dismissed.
The plea filed by his advocates Vijay Agarwal and Rahul Agarwal stated that the affidavit filed by the ED along with its plea seeking to declare the diamantaire fugitive, does not contain particulars as required by a provision of the CrPC.
Section 297 of the CrPc, it said, requires that affidavits state such facts as deponent (ED) is able to prove from his own knowledge and such facts as he had reasonable grounds to believe to be true and in the latter case, the deponent may clearly state the grounds of such belief.
Choksi's present application stated, "The applicant/Complainant (ED) in his affidavit has nowhere stated the source of his knowledge.." and went on to call the ED's affidavit 'defective' and unreliable, praying then for dismissal of the FEO plea. If declared a FEO, as Vijay Mallya has already been, it will open the doors for the agency to confiscate and dispose of his properties in India as well as abroad, while the trial is still on.
The Enforcement Directorate had made the plea to declare Choksi a Fugitive Economic Offender in July last year. In April this year, Choksi had sought dismissal of ED's plea on the grounds that he was unwell and hence unable to return to the country. He had also made other applications to dismiss the plea such as absence of proper authorization of the ED, that the agency has played fraud on the court.
Absconding jeweller Mehul Choksi is wanted along with his nephew and diamantaire Nirav Modi in the multi-crore PNB scam case in which they allegedly conspired with directors of their companies and defrauded the public bank. Choksi left India when the matter was still under investigation and an FIR was yet be registered.
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