The special court hearing the PNB fraud case against fugitive diamantaire Mehul Choksi has held that the CBI did not followed proper procedure to serve summons to international business head of Gitanjali Gems, Sunil Varma.
Special Judge SM Menjoge observed that for seeking custody, accused must be arrested or detained.
The accused was neither arrested nor detained by the police or the CBI, the court said, adding hence the agency was not entitled for custody of Varma.
Varma, who is said to be a close associate of Choksi, appeared before the special court on Thursday. The CBI prosecutor, A Limosin, while seeking his custody, had submitted that Varma never responded to summons or notices and chose to remain away from the probe.
The special judge observed that Varma was arrayed as an accused in the supplementary chargesheet filed in 2021.
“When he left India in May 2017, there was no chargesheet against him. Therefore, he cannot be said to have evaded criminal proceeding. Chargesheet was filed in his absence and after taking the cognisance, summons was ordered to be issued against him instead of issuance of NBW directly,” the court said.
It further observed that summons was served on his father Bajranglal Varma, who lives in the same building in Mumbai but in a different flat.
“He had given e-mail address and phone number of the accused, who was living in the United States, to the CBI. No steps were taken to serve him as per procedure laid down in CrPC or criminal manual,” the court said.
Further, the court added, “Accused appeared before this court in response to summons issued by this court for his appearance after taking cognisance. Therefore, his appearance before the court does not amount to custody.”
