Page 151 - ELT_1st July 2020_Vol 373_Part 1

2020 ]ASSTT. DIR., DTE. OF ENFORCEMENT, NEW DELHI v. OMAR ALI OBAID BALSHARAF 61

2. Brief facts of present case are that Ministry of Defence submitted a
written complaint dated 12-2-2013 to the Central Bureau of Investigation (herein-
after referred to as “CBI”), New Delhi, with a request to register a case and inves-
tigate alleged illegal dealings of M/s. Finmeccanica, Italy in the matter of pro-
curement of 12 VVIPs helicopters from M/s. Agusta Westland International Ltd.
Accordingly, CBI, New Delhi, registered an FIR vide RC-217/2013/A0003, dated
12-3-2013 against Mr. Carlo Gerosa, Mr. Guido Ralph Haschke, Mr. Gautam
Khaitan and other persons/companies for commission of offences punishable
under Section 120-B read with Section 420 of IPC and Sections 7, 8, 9, 12, 13(2)
read with Section 13(l)(d) of the Prevention of Corruption Act, 1988. Subsequent-
ly, Directorate of Enforcement on 3-7-2014 recorded an ECIR No. DLZO/15/2014
against said accused persons/companies. As per investigation, to get contract
dated 8-2-2010 for supply of 12 VVIP helicopters for Euro 556.262 million, kick-
backs of Euro 70 million was paid by M/s. Agusta Westland. Out of aforemen-
tioned amount, Euro 24.37 million was paid to M/s. IDS Information Technology
and Engineering Sari, Tunisia by M/s. Agusta Westland, out of which Euro 12.4
million was transferred to M/s. Interstellar Technologies Limited, Mauritius.
3. Investigations also revealed that M/s. Interstellar Technologies Lim-
ited, Mauritius transferred an amount of USD 4,731,480 (between September,
2008 to June, 2009) and Euro 240,049 (February, 2009) and USD 275,000 (June,
2010) to the accounts of M/s. Rawasi Al Khaleej General Trading LLC, Dubai
(hereinafter referred to as the “M/s. RAKGT”) but the same was maintained un-
der the ledger head Omar Ali Balsharaf-GK in the books of account of RAKGT.
4. It is further revealed that M/s. RAKGT was incorporated in 2007 by
M/s. KRBL DMCC, Dubai which itself was incorporated in 2006 as a 100% sub-
sidiary of M/s. KRBL Ltd., India. In the year 2009, the entire stake (49% share-
holding) of M/s. KRBL DMCC held in M/s. RAKGT was transferred in the name
of Anurag Poddar (nephew of the promoter of M/s. KRBL Ltd.). However, said
Anurag Poddar did not join investigation in present case. Accordingly, non-
bailable warrants of arrest against him was obtained in another case involving
similar transactions, which is being investigated by Enforcement Directorate.
5. As per investigation, proceeds of crime to the tune of Euro 1 million
and USD 1 million have been found transferred from the account of M/s. Inter-
stellar Technologies Ltd., Mauritius to the account of M/s. Windsor Group Hold-
ings Ltd. in the bank account bearing No. 143134 maintained with UBS Singapore
out of which, USD 830,000 was further transferred to M/s. RAKGT in February,
2010, but the same was also maintained under the head Omar Ali Balsharaf-GK
in the books of account of M/s. RAKGT.
6. During course of investigation, search was conducted on 22-9-2014 at
the premises of Mr. Gautam Khaitan and various documents were recovered
from the seized hard disks, two email communications dated 6-10-2008 and 23-
10-2008 between Deepak Goyal of M/s. O.P. Khaitan & Co and M/s. ML Admin-
istrators (registered agent of M/s. Interstellar Technologies Limited, Mauritius)
have been retrieved which proves the complicity in transferring proceeds of
crime to the account of M/s. RAKGT from the account of M/s. Interstellar Tech-
nologies Limited, Mauritius on behalf of respondent No. 1 herein.
7. Subsequently, a search was conducted by the Income Tax Depart-
ment at the premises of M/s. KRBL Ltd. and the scrutiny of documents of the
Income Tax Department’s search also revealed that books of account of M/s.

EXCISE LAW TIMES  1st July 2020  151