ED begins extradition process against Sterling Biotech owners

New Delhi, January 21 

A Delhi court today allowed the Enforcement Directorate (ED) to go ahead with the process to extradite four Sterling Biotech Ltd (SBL) promoters from Nigeria and Italy in the Rs 8,100-crore bank fraud case.

Additional Sessions Judge Satish Kumar Arora allowed the ED’s plea seeking “certification of the extradition process” against Nitin Jayantilal Sandesara, Chetankumar Jayantilal Sandesara, Hiteshkumar Narendrabhai Patel and Dipti Chetan Sandesara”.

The court took on record the submissions made by ED’s special public prosecutor Nitesh Rana that “as per the information available with the ED, the four accused are currently in Nigeria/Italy. Though with these countries there is no extradition treaty, still the agency can make an extradition request”.

Rana further told the court that non-bailable warrants (NBWs) have already been issued against the accused and a chargesheet filed against them.

The ED’s application had sought certification of “extradition request to the competent court of Federal Republic of Nigeria against accused persons, Nitin Jayantilal Sandesara, Chetankumar Jayantilal Sandesara, and for certifying the extradition request to the competent court of Republic of Italy against accused Nitin Jayantilal Sandesara.” As per MEA guidelines, for making of an extradition request for an accused or fugitive against whom the chargesheet or the complaint has been filed, an affidavit of the applicant — containing brief facts and history of the case and of the criminal description of the accused — has to be sworn before a judicial magistrate or court where the person concerned is to be prosecuted.

The court said: “The extradition requests in the form of affidavits of the applicant (ED) have been put up and the same are certified by this court for the purposes of extradition of the four accused...” The agency has registered the alleged bank fraud case against the firm SBL under sections of the Prevention of Money Laundering Act (PMLA).

The court had earlier this month issued open-ended NBWs against the four promoters of the Gujarat pharma firm in the case.

The accused are being probed by the agency also for allegedly bribing senior income tax department officials as part of an earlier criminal complaint.

The ED had on December 24, 2018 informed the court that it wanted to approach the Interpol for issuance of Red Corner Notice (RCN) against the SBL’s directors. — PTI