Mumbai: The special PMLA court has refused to prosecute whistleblower Abhishek Gupta, a Chartered Accountant, booked by ED for money laundering in connection with the Torres fraud case.
Observation Made By The Judge
While dropping prosecution against Gupta, the special judge RB Rote, said: “There is no material/evidence to indicate that accused No.10 (Gupta) is actually involved in any process or activity connected with the proceeds of crime. Therefore, considering the limited role assigned against accused No.10, it shows that there are no sufficient grounds for proceeding against accused No.10 for the offence under PMLA.”
"Despite being aware of financial irregularities and non-compliance, he failed to take timely action or report these issues to the relevant authorities. His delay in raising alarms suggests that he knowingly facilitated the management’s illegal business dealings. The accused No.10, the Auditor, appears to have reported the irregularities and non-compliance in his audit report," the court further said.
It, however, referred to the ruling of the Bombay High Court, where a Statutory Auditor and Chartered Accountant were discharged. The court, however, ordered to proceed against the other 12 accused, namely, M/s Platinum Hern Pvt Ltd (PHPL) - Torres Jewellery, Alpesh Khara, Sagar Paresh Mehta, Oleksandr Zapichenko alias Alex, Olena Stoian, Viktoria Kovalenko, Sarvesh Ashok Surve, Tausif Reyaz alias John Carter, Lallan Jamedar Singh, Tazagul Khasatova alias Tanya, Astrozen Pharma Pvt Ltd, and Prisah Advisory Pvt Ltd.
The Enforcement agency has claimed that, PHPL company lured the investors into a fraudulent investment scheme under the guise of high returns and lucrative rewards. The company enticed the customers by promising exaggerated weekly returns ranging from 2% to 9% on investments in gold, silver, original diamond jewellery, and precious gemstones, particularly targeting those looking to invest in these assets. ED claimed that they offered "Investment Bonuses" of 20% for bringing in new investors, creating a chain-like referral system.
"The sales officers at the showrooms misled the customers by conducting seminars, advertising high returns and offering lucky draws with the chance to win luxury cars and expensive mobile phones, giving an impression of legitimacy. In reality, the company marketed synthetic moissanite stones, which were much cheaper than diamonds, as high-value investments, promising that their value would increase in the future, akin to diamonds," ED said, claiming that the value of the proceeds of crime as of now is Rs 177.11 crore.
