The Adani group

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==HC relief for in ₹29k cr imports case==
 
==HC relief for in ₹29k cr imports case==

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Contents

The allotment of [mainly government] land to the Adani group

4 Gujarat CMs have given land to Adani

TNN | Apr 16, 2014 The Times of India

Records show the Adani group first got wasteland in Mundra from the Cogress-backed Chimanbhai Patel government in 1993 and then from another Cogress-supported government headed by Shankersinh Vaghela in 1997.

The group subsequently got more wasteland from BJP governments headed by Keshubhai Patel in 1999 and Narendra Modi in 2005. While it has been alleged that land given to Adani was of the size of Vadodara, the Ahmedabad-based group has got 7,350 hectares, as against Vadodara city's area of 15,900 hectares.

The largest chunk — 5,590 hectares at Rs 14.50 per sqm — was handed over to the group in 2005 by the Modi regime for development of an SEZ. Adani group officials insist that the entire stretch where the Adani port and SEZ is now located was completely barren.

2019

HC relief for in ₹29k cr imports case

Oct 18, 2019: The Times of India

A Bombay high court order has brought to a halt an overseas investigation by the Directorate of Revenue Intelligence into the alleged Rs 29,000-crore overvaulation of Indonesian coal imports by the Adani Group.

The high court quashed all Letters Rogatory (LR) sent by DRI to 14 countries, including Singapore and UAE, seeking information into the alleged overvaluation. An LR is a formal request to another country, seeking judicial assistance in accessing information on an offshore entity in a probe.

DRI is probing at least 40 companies, including the Essar Group, for overvaluation of imports. TOI was the first to report on the scam in its December 14, 2014, edition.

Making it clear that it hasn’t gone into the merits of the LRs, the high court said: “We have only dealt with the contention as to whether it was permissible for the magistrate to issue such a Letter Rogatory without following the procedure mandated under the Criminal Procedure Code.”

The DRI began probing a non-cognisable offence without obtaining the necessary permission from the magistrate and in such circumstances, the LRs issued do not meet the test, said a bench of Justices Bharati Dangre and Ranjit More.


Implication

The case deals with a fundamental question regarding the commission of offence punishable under Customs Act, 1962 and whether or not, DRI is entitled to take recourse to the provisions of the Code of Criminal Procedure, 1973 for issuance of the Letter of Rogatory by the Magistrate. The Bombay high court held that this provision of the CrPC is not an independent island on which any investigating/ inquiring authority can jump on without taking recourse to filing of a FIR and hence the letter rogatory issued by the DRI stands quashed.

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