New Delhi: The Enforcement Directorate (ED) has filed a prosecution complaint against M/s Embraer SA, Brazil, M/s Interdev Aviation Services Pte. Ltd, Anoop Kumar Gupta (Director of KRBL Limited), KRBL Limited, Anurag Potdar (Nephew of Anoop Kumar Gupta) and others before Learned Special Judge (PMLA), Rouse Avenue Court in New Delhi in a case of Embraer SA defence deal.
The Central Bureau of Investigation (CBI) registered an FIR on the basis of a reference received from Chief Controller, R&D (R&M) & DS, Defence Research & Development Organization (DRDO), Department of Defence Research & Development, Ministry of Defence with regard to the allegations that M/s Embraer was being investigated by authorities of US and Brazil for alleged employment of an agent in facilitating the contract for AEW&C Project with CABS/DRDO for procurement of 3 fully modified EMB-145 aircraft.
Based on the FIR of CBI, the ED initiated an investigation under the provisions of PMLA.
Investigation under PMLA has revealed that M/s Embraer SA Brazil obtained the contract for the supply of aircraft to Indian Air Force for USD 210 million and paid a commission of USD 5.76 million to a middleman named Vipin Khanna for influencing the said contract in its favour. The said kickbacks of USD 5.76 million were routed by M/s Embraer SA, Brazil through its subsidiaries to M/s Interdev Aviation Services Pte Ltd, Singapore in lieu of sham agreement.
The kickbacks to the tune of around USD 3.275 million were further routed from M/s Interdev Aviation Services Pte. Ltd. to M/s KRBL DMCC, Dubai (a 100% owned subsidiary of KRBL Ltd.) in lieu of sham agreement to finally reach India through M/s KRBL Ltd. projecting the same as untainted money.
Further, investigation under PMLA revealed that Anoop Kumar Gupta, Director of KRBL Limited signed the sham agreement held between Interdev Aviation Services Pte. Ltd. and KRBL DMCC to receive Proceeds of Crime (PoC) which were finally received in the bank A/c of KRBL Ltd in which he is one of the Director.
The investigation conducted so far resulted in the issuance of provisional attachment order of proceeds of crime in the form of immovable properties worth Rs 16.29 crore belonging to KRBL Ltd. The provisional attachment order has been confirmed by Ld Adjudicating Authority under PMLA.
Possession of the confirmed attached properties has also been taken by ED. Now prosecution complaint has been filed before the Learned Special Judge (PMLA), Rouse Avenue Court in New Delhi with a prayer for the confiscation of attached assets to the tune of Rs 16.29 crore apart from awarding punishment to the accused persons.
