NEW DELHI: Liquor baron Vijay Mallya has been asked to appear before a court in Mumbai on July 29 in connection with the alleged loan default of over Rs 900 crore from IDBI Bank. The special judge said he has absconded and was concealing himself to avoid arrest.
The Enforcement Directorate on Wednesday also published a court-issued proclamation against Mallya for appearance before the court on July 29.
“Whereas complaint has been made before me that above named accused Vijay Vithal Mallya residing at address, Ms Kingfisher Airlines Ltd, Mumbai 400018, has committed the offence of punishable under Section 4 of PMLA, 2002 and it has been returned to a warrant of arrest thereupon issued that the said Vijay Vithal Mallya cannot be found and whereas it has been shown to my satisfaction that the said Vijay Vithal Mallya has absconded and is concealing himself to avoid the service of the said warrant.
“Proclamation is hereby made that the above named accused in the above case required to appear in the Special Court under PMLA, Greater Bombay in court Room No 16 to answer the said complaint on July 29, 2016 at 11:00 AM,” the order issued under the signature of Spl Judge P R Bhavake read.
The proclamation was published in national dailies in Mumbai and in Bangalore by the probing agency.
The proclamation was issued by the court on June 14 under Section 82 of the Criminal Procedure Code (CrPC).
ED had sought the proclamation notice to be issued against Mallya as it said he had "multiple" arrest warrants pending against him, including a non-bailable warrant (NBW) under the PMLA, and that the agency wants him to join the probe "in person".
A person can be termed a proclaimed offender in a criminal case probe if the court has reasons to believe that the accused against whom a warrant of arrest has been issued by it, has absconded or is concealing himself so that such warrant cannot be executed. As per Section 82 of the CrPC, the court can publish a written proclamation requiring such an accused to appear at a specified place and time from the date of publication of such a proclamation. They said the probe agency will have the option to seek further action, if Mallya fails to keep the date. Under Section 83 of the CrPC, ED may seek attachment of more of his properties.
ED has already attached his properties worth about Rs 1,411 crore under PMLA in this case.
ED has been waiting for Mallya to join investigations “in person” but he did not showed up and forcing agency to seeking an Interpol help to issue an arrest warrant and getting his passport revoked.
Mallya had left India on March 2 using his diplomatic passport.
The agency has registered a money laundering case against Mallya and others based on an FIR registered last year by the Central Bureau of Investigation. ED is also investigating financial structure of Kingfisher Airlines and looking into any payment of kickbacks to secure loans.