The Enforcement Directorate on Friday attached shares worth Rs.1,620 crore at current market value, belonging to the now-defunct Kingfisher Airlines promoter Vijay Mallya after an anti-money laundering court declared him a proclaimed offender.
The shares include those held in group companies, such as United Breweries Holdings Limited, United Breweries Limited and United Spirits Limited. Earlier his properties worth Rs. 8,041 crore were attached under the Prevention of Money Laundering Act in connection with two bank fraud cases registered by the Central Bureau of Investigation.
“Mr. Mallya was declared a proclaimed offender under Section 82 of the Criminal Procedure Code on Thursday. The court also ordered attachment, by way of seizure, of his shares held in group companies, under Section 83 of the Cr.PC. This prohibits the delivery of such property to the accused or to any person on his behalf,” said a senior ED official.
Mr. Mallya, who had been summoned by the Enforcement Directorate in the money laundering case, has not cooperated in the ongoing investigations.
“He neither presented himself in pursuance of the summons issued to him by the ED in March and April, nor did he honour the court directions issued on June 21 instructing him to appear on July 29. The court had also issued non-bailable warrants against him in April,” said the official.
“In view of his repetitive avoidance and non-compliance, the Directorate had filed an application before the court to declare him a proclaimed offender and attach his movable and immovable properties to compel him to join the probe,” the official added.
In September, the Directorate had attached assets worth Rs. 6,630 crore that included shares of United Spirits Limited, United Breweries Limited and McDowell Holding Co. worth Rs. 3,635 crore held by Mr. Mallya, United Breweries Holding Ltd. and his controlled entities.
Mandwa Farm House, worth Rs. 25 crore at Alibaug in Maharashtra, flats in Kingfisher Tower in Bengaluru, worth Rs. 565 crore and fixed deposits of Mr. Mallya with HDFC for Rs. 10 crore were also attached.
PTI adds...
The ED had moved the court last month seeking that Mr. Mallya be declared a proclaimed offender and his properties be attached as he did not comply with a proclamation order issued against him in June requiring him to appear before the court.
The agency had sought an order from the court under section 82 (proclamation of absconding person) of CrPC as several arrest warrants were pending against him.
A person against whom a warrant has been issued can be declared a proclaimed offender if the court believes that he or she has absconded or is evading execution of warrant.
The ED wanted Mr. Mallya to join the investigation “in person” in connection with probe under the PMLA, and in cases related to a Rs. 900-crore loan from IDBI Bank.
It had said it had exhausted other legal remedies like seeking Interpol arrest warrant and getting his passport revoked to make Mr. Mallya join the probe.
The total attachment made by the agency in this case has now shot up to more than Rs. 9,661 crore as it had attached assets worth Rs. 1,411 crore and Rs. 6,630 crore a few months back. This is one of the largest attachment of assets made by the ED in a PMLA case till now.
Recently, courts had issued two non-bailable warrants (NBW) against Mr. Mallya in separate criminal cases, with both courts observing that he neither had any regard for law, nor any intention to return to India.
One of the courts also said coercive steps could be taken against Mr. Mallya straight away as there was “no discernible inclination” on his part to submit to the jurisdiction of the court.
While one court issued an arrest warrant against the businessman in a case of allegedly evading summons in a FERA violation matter registered by the ED, the other judge issued an NBW in a 2012 cheque bounce case lodged by the Delhi International Airport.
