ED attaches gems, bank deposits worth over Rs 253 cr of Nirav Modi group in Hong Kong
New Delhi, Jul 22: The Enforcement Directorate Friday said it has attached gems, jewellery and bank deposits worth Rs 253.62 crore of some Hong Kong-based companies of fugitive diamond merchant Nirav Modi as part of a money laundering probe.
Some assets of Nirav Modi group of companies in Hong Kong were identified in the form of gems and jewelleries lying in private vaults and bank balances in accounts maintained there and these have been provisionally attached under sections of the Prevention of Money Laundering Act (PMLA), the federal probe agency said in a statement.
The amount kept in banks amounts to USD 30.98 million and Hong Kong dollars 5.75 million, which is equivalent to Rs 253.62 crore (as on July 22, 2022), it said.
Nirav Modi, 51, is presently lodged in a UK jail and has lost his extradition plea to India in connection with the USD 2-billion PNB fraud case that is also being investigated by the CBI.
The ED said the extradition proceedings are at "final stage in London, UK."
It said that with the latest attachment, the total seizure of assets against Nirav Modi stands at Rs 2,650.07 crore.
"Also, movable and immovable assets of Nirav Modi and his associates amounting to Rs 1,389 crore have been confiscated under provisions of the Fugitive Economic Offenders Act, 2018 on the orders of a special court in Mumbai," it said.
Some of the confiscated properties have already been physically handed over to victim banks, the agency added.
Nirav Modi and his uncle Mehul Choksi, both prime accused in the case, along with others are being probed by the ED on money laundering charges for allegedly perpetrating a fraud in connivance with bank officials and by issuance of fraudulent Letters of Undertaking (LoUs) at the Brady House Punjab National Bank (PNB) branch in Mumbai.
He (Modi) was declared a fugitive economic offender by a Mumbai PMLA court in December 2019. He was arrested the same year in London.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Broken relationships don't automatically amount to abetment of suicide: SC
New Delhi (PTI): Broken relationships, while emotionally distressing, do not automatically amount to abetment of suicide in the absence of intention leading to the criminal offence, the Supreme Court on Friday said.
The observations came from a bench of Justices Pankaj Mithal and Ujjal Bhuyan in a judgement, which overturned the conviction of one Kamaruddin Dastagir Sanadi by the Karnataka High Court for the offences of cheating and abetment of suicide under the IPC.
"This is a case of a broken relationship, not criminal conduct," the judgment said.
Sanadi was initially charged under Sections 417 (cheating), 306 (abetment of suicide), and 376 (rape) of the IPC.
While the trial court acquitted him of all the charges, the Karnataka High Court, on the state's appeal, convicted him of cheating and abetment of suicide, sentencing him to five years imprisonment and imposing Rs 25,000 in fine.
According to the FIR registered at the mother's instance, her 21-year-old daughter was in love with the accused for the past eight years and died by suicide in August, 2007, after he refused to keep his promise to marry.
Writing a 17-page judgement, Justice Mithal analysed the two dying declarations of the woman and noted that neither was there any allegation of a physical relationship between the couple nor there was any intentional act leading to the suicide.
The judgement therefore underlined broken relationships were emotionally distressing, but did not automatically amount to criminal offences.
"Even in cases where the victim dies by suicide, which may be as a result of cruelty meted out to her, the courts have always held that discord and differences in domestic life are quite common in society and that the commission of such an offence largely depends upon the mental state of the victim," said the apex court.
The court further said, "Surely, until and unless some guilty intention on the part of the accused is established, it is ordinarily not possible to convict him for an offence under Section 306 IPC.”
The judgement said there was no evidence to suggest that the man instigated or provoked the woman to die by suicide and underscored a mere refusal to marry, even after a long relationship, did not constitute abetment.
