VidhiSangh

Supreme Court of India · 09/05/2023

M/S. JERMYN CAPITAL LLC DUBAI versus CENTRAL BUREAU OF INVESTIGATION & ORS.

[2023] 6 S.C.R. 565 · 2023 INSC 509

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Summary

The Court removed the bank-guarantee condition imposed on release of a foreign investor’s funds. The company was unconnected with the alleged offence, was not named in the FIR or chargesheet, and faced no related criminal proceedings. The individual whose prosecution had justified the freeze had also been discharged. The company was permitted to withdraw Rs 38.52 crore with 4% simple interest from 8 May 2006 until actual payment.

Issues

  1. Whether continued freezing and a bank-guarantee condition were justified when the company and its assets had no connection with the alleged crime.
  2. What consequential release and interest relief should follow.

Provisions considered

Held

Result

Appeal allowed; bank-guarantee condition removed. Appellant permitted to withdraw Rs 38.52 crore with 4% simple interest from 8 May 2006 to actual payment.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 565.