Gujarat High Court
Vijay Murlidhar Udhwani @ Viju Sindhi ... vs Union Of India on 16 October, 2025
NEUTRAL CITATION
R/SCR.A/1378/2023 ORDER DATED: 16/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 1378 of 2023
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VIJAY MURLIDHAR UDHWANI @ VIJU SINDHI THRO DEEPABEN
VIJAYKUMAR UDHWANI
Versus
UNION OF INDIA & ORS.
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Appearance:
RAHUL SHARMA(8276) for the Applicant(s) No. 1
MR ANKIT SHAH(6371) for the Respondent(s) No. 1,2,4
NOTICE SERVED BY DS for the Respondent(s) No. 5
MR MANAN MEHTA, APP for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 16/10/2025
ORAL ORDER
Rule. Learned advocates waive service of notice of Rule for the respective respondents.
1. By way of the present petition under Article 226 of the Constitution of India, the petitioner has sought a direction to respondent No. 2 to withdraw and cancel the Red Corner Notice issued against the petitioner and also to withdraw the extradition request made to the United Arab Emirates for the extradition of the petitioner forthwith, and further to bear all expenses incurred by the petitioner in securing his bail, including legal expenses, as well as all expenses likely to be incurred by the petitioner, including legal expenses, for the recovery of his and his guarantor's passports.
2. Heard learned advocates for the respective parties.
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3. The learned advocate for the petitioner has submitted that the petitioner has nothing to do with the alleged offences and has been falsely implicated. It is submitted that the present petitioner has challenged the Red Corner Notice issued at the instance of the State against him, as well as the extradition proceedings initiated at the instance of the State, on the ground that the petitioner has not committed any serious offence or any social crime for which such Red Corner Notice can be issued. Insofar as the extradition proceedings are concerned, it is the case of the prosecution that 38 prohibition offences are registered against the petitioner. However, even on the face of it, prohibition offences are not treated as offences under the law of Dubai. In such circumstances, prohibition is no offence in Dubai, and therefore, the principle of "Dual criminality" is not attracted. Hence, issuance of the Red Corner Notice is impermissible, as prohibition offences do not fall within the category of "serious" or "cultural crimes."
3.1 It is further submitted that, as per the Interpol guidelines regarding issuance of Red Corner Notices, as well as the provisions relating to extradition proceedings, no case is made out for issuance or publication of any Red Corner Notice against the present petitioner. The subsequent proceedings were initiated only after the petitioner travelled to Dubai in July 2022, and the Red Corner Notice has been issued in violation of the basic Interpol guidelines, in the absence of any serious or social crime. It is also contended that the extradition request made by the respondent authority to the United Arab Emirates is not Page 2 of 14 Uploaded by ALI ISTAYAK(HC01093) on Thu Oct 16 2025 Downloaded on : Fri Oct 31 23:45:49 IST 2025 NEUTRAL CITATION R/SCR.A/1378/2023 ORDER DATED: 16/10/2025 undefined permissible in law, and hence sending such request is per se illegal, arbitrary, and amounts to clear abuse of the process of law. Pursuant to the said extradition request, the petitioner was arrested in Dubai, released on bail, and his passport was confiscated by the UAE authorities.
3.2 The learned advocate further submitted that the respondent authority is acting with mala fide intent. Initially, in the press note, it was stated that 38 prohibition offences were registered against the petitioner. Thereafter, in the affidavit, the number was increased to 146 offences, and subsequently, it has now been stated that 153 offences are registered, including under the Gujarat Control of Terrorism and Organised Crime Act, 2015 ("GUJCTOC"). It is further submitted that the earlier attempt at extradition was rejected on technical grounds. However, thereafter, the proceedings have been initiated only to scuttle the due process and to secure the presence of the petitioner by bypassing the prescribed procedure under Chapter VII of the Cr.P.C. Thus, the extradition proceedings have been moved with an ulterior motive. In view of the above, the learned advocate has prayed that the present petition be allowed and appropriate directions be issued to the respondent authority to withdraw and cancel the Red Corner Notice as well as the extradition request made to the Government of UAE. Learned advocate for the petitioner has relied on the judgment passed by the Hon'ble Apex Court in the case of Bhavesh Jayanti lakhani v. State of Maharashtra, reported in (2009) 9 SCC 551.
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4. Mr. Hardik Dave, learned Public Prosecutor, has submitted that the present petition has been filed on the basis of a press note; however, in fact, a Red Corner Notice was issued against the petitioner, and prior thereto, a warrant was also issued, in which the subject matter is clearly mentioned. The petitioner has deliberately suppressed material facts and has falsely contended that the proceedings have been initiated only on the basis of prohibition offences. It is submitted that the petitioner is not only facing prohibition cases but is also involved in serious offences relating to forgery, smuggling, and money laundering, for which the Enforcement Directorate (ED) has already taken cognizance. Therefore, the contention that prohibition offences are merely "cultural offences" or that no authority exists to initiate extradition proceedings is untenable. The petitioner has, in fact, been indulging in illegal activities of transporting and trafficking liquor, evading taxes, smuggling, and other related offences, and is operating a syndicate from Dubai as well. Sufficient material has been collected against him, and therefore, the plea of "dual criminality" is not available to the petitioner. He is an absconder, and his presence is required for prosecuting the offences registered against him. Hence, the Red Corner Notice has been rightly issued at the instance of the State.
4.1 The learned Public Prosecutor further submitted that in all, 153 offences are registered against the petitioner, including not only prohibition offences but also offences under Sections 465, 468, 420, 471, and 482 of the IPC, as well as under Section 25 of the Arms Act and the provisions of the Gujarat Control of Page 4 of 14 Uploaded by ALI ISTAYAK(HC01093) on Thu Oct 16 2025 Downloaded on : Fri Oct 31 23:45:49 IST 2025 NEUTRAL CITATION R/SCR.A/1378/2023 ORDER DATED: 16/10/2025 undefined Terrorism and Organised Crime Act, 2015 (GUJCTOC). The petitioner thus has a chequered criminal history. It is further submitted that the proper procedure for issuance of the Red Corner Notice has been duly followed. Interpol has its own independent constitution and mechanism, and the competent authorities have complied with the prescribed procedure. The Investigating Officer submitted all necessary details, which were scrutinised by senior officers of the department and thereafter forwarded to the Additional Director General of Police, who in turn submitted the proposal to the Central Bureau of Investigation (CBI). The CBI, after due consideration, forwarded the same to Interpol for issuance of the Red Corner Notice. Thus, the request was made through proper channels, and all procedural steps were duly undertaken.
4.2 The learned Public Prosecutor submitted that the chain of events and communications from 10 th August 2021 to 25th October 2022, placed on record, clearly reflect that the entire process of issuance of the Red Corner Notice has been carried out strictly in accordance with law. As per Article 83(1)(i) and the relevant Interpol Rules, all necessary conditions for publication of the Red Corner Notice were fulfilled. The argument advanced by the learned advocate for the petitioner, therefore, deserves to be rejected. It is further contended that the primary object of a Red Corner Notice is to secure the location and arrest of an international fugitive. Once the accused is located and arrested, the very object of the Red Corner Notice stands achieved.
Page 5 of 14 Uploaded by ALI ISTAYAK(HC01093) on Thu Oct 16 2025 Downloaded on : Fri Oct 31 23:45:49 IST 2025NEUTRAL CITATION R/SCR.A/1378/2023 ORDER DATED: 16/10/2025 undefined 4.3 So far as extradition proceedings are concerned, it is submitted that the request for extradition has been initiated strictly in accordance with the provisions of the Extradition Act and in consonance with the treaty obligations between the requesting and territorial States. The United Arab Emirates appears at Entry No. 39 of the Schedule to the Extradition Treaties, and accordingly, a detailed extradition proposal was submitted before the competent authority. The proposal was also translated into the language of the requested country as required under the rules. Thus, the State has followed all necessary procedures in respect of extradition of the petitioner. It is also submitted that the Red Corner Notice proceedings and extradition proceedings are distinct and independent of each other and cannot be said to be interwoven. The procedure for extradition falls under Section 2(c) of the Extradition Act, and the competent authority in the UAE has already passed an order in this regard. In conclusion, the learned Public Prosecutor has submitted that the petitioner is involved in large-scale smuggling, illegal procurement, sale, and distribution of Indian Made Foreign Liquor (IMFL) for personal financial gain. Such activities cannot be equated with prohibition offences involving mere personal consumption. Even though consumption of liquor may not constitute an offence in the UAE, the offences in question relate to illegal procurement and commercial distribution, which are of a serious nature. Therefore, the petition filed under Article 226 of the Constitution of India is not maintainable, and the same deserves to be dismissed.
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5. Having heard the learned advocates for the respective parties, it appears that the petitioner has challenged the proceedings pertaining to the Red Corner Notice and the subsequent extradition proceedings initiated by the authorities of the United Arab Emirates pursuant to the said notice. Prior to issuance of the red corner notice, the notice issued in connection with the impugned proceedings which read as under:
"Summary of facts of the case The subject ie. Vijay Murlidhar Udhwani is involved in organised crime, bootlegging activities, money laundering, fraudulent activities, forgery Atex evasion, in this connection, an offense is registered on 10/08/2021 wherein police seized 24,546 bottles of liquor worth INR 72.89.850/-(USD 91,981) illegally smuggled from other stales. Investigations revealed that (1) the accused prepared/used false & fraudulent documents for bootlegging (2) he is the mastermind of organised crime syndicate & main supplier of this illegally smuggled liquor (3) Investigation revealed hawala transactions of more than INR 44 crores (USD 5.56 Million) by the accused in last 6 months for bootlegging (4) Jurisdictional Add. JMFC Court, Mirzapur, Ahmedabad(Rural), on 4/8/2022, Issued an open Arrest Warrant against him (5) He is yet to appear for trial & is wanted in many other similar cases & has acquired properties worth crores of rupees by money eamed from bootlegging activities using hawala channels."
6. Further, it appears that additional facts of the case are that the offence registered and the allegations of prosecution against the petitioner are that he is the mastermind of an organised crime syndicate. The members of this syndicate, in connivance with each other, are involved in preparing and using false and fraudulent documents/declarations to carry out bootlegging activities as well as money laundering through Hawala transactions and smuggling large quantities Page 7 of 14 Uploaded by ALI ISTAYAK(HC01093) on Thu Oct 16 2025 Downloaded on : Fri Oct 31 23:45:49 IST 2025 NEUTRAL CITATION R/SCR.A/1378/2023 ORDER DATED: 16/10/2025 undefined of liquor into the State of Gujarat, and thus have committed offences under Sections 465, 468, 471, 120(B) of the Indian Penal Code and Sections 65(A)(E), 81, 83, 98(2), 116(B) of the Gujarat Prohibition Act. The present case, registered vide Crime Register No. 11192030210498/2021 under Sections 465, 468, 471, 120(B) of the Indian Penal Code and Sections 65(A)(E), 81, 83, 98(2), 116(B) of the Gujarat Prohibition Act at Kanbha Police Station, Ahmedabad Rural District, Gujarat State on 10/08/2021, involved the seizure of 24,546 bottles of liquor worth ₹72,89,850/- (USD 91,981) illegally smuggled from other states. This is just one of many such offences committed by the organised crime syndicate over the years with the motive to obtain monetary gain through illegal and anti-social activities.
6.1 During the course of investigation, it was revealed that the members of the syndicate, including the petitioner, are also involved in money laundering activities, as all monetary transactions for their illegal activities have been conducted through illegal Hawala and other informal channels, estimated to be more than ₹100 crores (approximately USD 12.63 million). The present case under investigation is one of many such cases in which the accused is yet to be arrested and is absconding to evade his arrest and escape the course of law. In the past, the petitioner, Vijay Murlidhar Udhwani, has been involved in more than 80 cases, including three cases of murder and using illegal firearms, registered in Anand District and Vadodara City, Gujarat State, as well as Page 8 of 14 Uploaded by ALI ISTAYAK(HC01093) on Thu Oct 16 2025 Downloaded on : Fri Oct 31 23:45:49 IST 2025 NEUTRAL CITATION R/SCR.A/1378/2023 ORDER DATED: 16/10/2025 undefined other cases pertaining to money laundering, Hawala transactions, bootlegging, and smuggling large quantities of liquor into Gujarat. These cases were registered in different cities and districts of the State. The petitioner was arrested in some of these cases and released on bail; however, during the bail period, he committed further offences involving the preparation and use of false and fraudulent documents/declarations for bootlegging and money laundering activities, including the present case. Despite being absconding, he continues to run illegal activities and has acquired properties worth crores of rupees through illicit activity gains obtained via Hawala and other informal channels. As far as the present case is concerned, the jurisdictional Additional Judicial Magistrate First Class, Mirzapur, Ahmedabad (Rural), Gujarat State, issued an open arrest warrant against the petitioner on 04/08/2022 under Section 70 of the Criminal Procedure Code. The case was charge-sheeted before the concerned Court on 02/10/2021, and a supplementary charge sheet was filed on 27/05/2022.
7. Now coming back to the issuance of Red Corner Notice, the Red Corner Notice often triggers an extradition request under bilateral treaties, and any arrest based upon an R.C.N. must comply with the extradition laws of the country where the fugitive is located. In the present case, the applicant is facing prosecution in various cases registered against him. Despite the registration of multiple cases, he has remained at large, and his presence could not be secured or procured by the prosecution Page 9 of 14 Uploaded by ALI ISTAYAK(HC01093) on Thu Oct 16 2025 Downloaded on : Fri Oct 31 23:45:49 IST 2025 NEUTRAL CITATION R/SCR.A/1378/2023 ORDER DATED: 16/10/2025 undefined for effective investigation. The applicant is absconding and has not stood trial. Hence, to secure his presence for the purposes of investigation and prosecution, it became necessary to trace him, and accordingly, the Red Corner Notice and other related proceedings came to be executed by following the due process prescribed under the BNSS/Cr.P.C.
8. At the relevant point of time, arrest warrants were repeatedly issued against the applicant, which remained unexecuted within the country. Consequently, a Red Corner Notice was issued in his name. The validity of such a notice can be challenged only in cases involving lack of due process, breach of fundamental rights, or insufficiency of evidence. Such notice must be supported by a valid domestic warrant. In the present case, the warrant was duly issued to initiate the proceedings, and the same is backed by law. On examining the said proceedings and the averments made in the notice, it appears that all necessary legal provisions and safeguards were considered. The notice does not violate any constitutional rights of the present applicant. This is not a case where the applicant has been acquitted or where the investigation is over and proceedings have been initiated without any basis.
9. It is needless to say that the mere issuance of an R.C.N. or initiation of extradition proceedings does not curtail the constitutional rights or safe ground to the accused or prevent him from challenging the same through appropriate legal remedies. The petitioner may still challenge such proceedings on Page 10 of 14 Uploaded by ALI ISTAYAK(HC01093) on Thu Oct 16 2025 Downloaded on : Fri Oct 31 23:45:49 IST 2025 NEUTRAL CITATION R/SCR.A/1378/2023 ORDER DATED: 16/10/2025 undefined grounds such as lack of due process, political motivation, insufficiency of evidence, or violation of human rights. In the present case, no charges have been dropped against the applicant, and the Red Corner Notice merely facilitates provisional arrest during the pendency of extradition proceedings. Based on this notice, extradition proceedings have been initiated in the UAE, which are also subject to appeal and already by way of appeal such extradition proceeding has been challenged in UAE by the petitioner.
10. Hence, the applicant has failed to demonstrate any irregularity, illegality, or violation of fundamental rights, or any circumstance showing that the R.C.N. was issued illegally or extradition proceedings initiated without valid reason. As far as the arguments advanced by the learned advocate for the petitioner regarding the duality of offence are concerned, it is needless to say that the extradition proceedings have been initiated by the concerned country herein, the UAE, after considering such all aspects indicating that criminality, which are matter of evidence. The contention that prohibition is not an offence in the UAE which is a cultural offence is not the argument advanced by the learned advocate for the petitioner.
11. In the present case, the allegation is not merely about prohibition or consumption of liquor, but about organized illegal activities of bootlegging. The applicant is alleged to be the mastermind and main supplier, who, through Hawala transactions, has amassed substantial illicit wealth. Further Page 11 of 14 Uploaded by ALI ISTAYAK(HC01093) on Thu Oct 16 2025 Downloaded on : Fri Oct 31 23:45:49 IST 2025 NEUTRAL CITATION R/SCR.A/1378/2023 ORDER DATED: 16/10/2025 undefined investigations revealed money laundering and related financial offences which is underway.
12. Moreover, Section 2(34) of the Bharatiya Nyaya Sanhita and Section 40 of the Indian Penal Code define the term "offence" to include acts punishable under the Code or under any special or local law. The economic impact of such crimes can be significant and far-reaching, with both direct and indirect effects on the economy and society. Such offences adversely affect public safety and the security of citizens, creating fear and reducing the quality of life. The overall impact of such organized crimes on society is multifaceted and grave. Therefore, the argument advanced by the learned advocate for the petitioner that the offence of prohibition alone is insufficient to invoke the Red Corner Notice or extradition proceedings, the said argument cannot be accepted. The primary purpose of issuing a Red Corner Notice is to locate and secure an offender who has absconded from the country to evade prosecution.
13. In view of the above, it is evident that the notice was not issued in a case of private dispute, and no circumstances indicating any illegality or vulnerability in the issuance of the notice have been revealed. So far as the argument canvassed by the learned advocate for the petitioner regarding non-compliance with Chapter VII A of the Cr.P.C. is concerned, the same is also not acceptable. As discussed in the earlier part of this order, the applicant has failed to show that any prejudice has been caused to him in connection with the said proceedings. This is not a Page 12 of 14 Uploaded by ALI ISTAYAK(HC01093) on Thu Oct 16 2025 Downloaded on : Fri Oct 31 23:45:49 IST 2025 NEUTRAL CITATION R/SCR.A/1378/2023 ORDER DATED: 16/10/2025 undefined case where the applicant has been discharged, nor is there any violation of fundamental rights or any procedural irregularity noticed in the matter. It is an undisputed and admitted fact that several proceedings and criminal cases are pending or registered against the applicant, and he has not been cooperating with the investigation nor joining the trial. Therefore, to secure his presence, the proceedings have been rightly initiated. Hence, the argument canvassed by the learned advocate for the petitioner is not accepted.
14. In so far as the alleged incident of smuggling and proceedings initiated by the Enforcement Directorate (ED) are concerned, the contention that they are subsequent to the registration of the present offence is also not acceptable. As discussed in the earlier part of order, in light of the definition of the term "offence" under Section 40 of the Indian Penal Code, the Red Corner Notice has been properly issued. Moreover, the learned advocate for the petitioner has fairly admitted that the extradition proceedings have already been challenged by way of an appeal. Hence, the question of dual criminality and other related aspects have been duly examined by the concerned authorities in the UAE, and all these issues are subject to consideration in the pending extradition appeal before the competent authority. Hence, the reliance placed by the learned advocate for the petitioner on the judgment in the case of Bhavesh Jayanti Lakhani (supra) is concerned, in that case, the notice and extradition proceedings were initiated in connection with a matrimonial dispute and without any formal Page 13 of 14 Uploaded by ALI ISTAYAK(HC01093) on Thu Oct 16 2025 Downloaded on : Fri Oct 31 23:45:49 IST 2025 NEUTRAL CITATION R/SCR.A/1378/2023 ORDER DATED: 16/10/2025 undefined request. In the present case, however, this Court has come to the conclusion that no irregularity has been noticed in initiating the proceedings to secure or procure the presence of the present petitioner. At the instance of the State Government and the Central Government, the competent authority has accepted the request and made a formal requisition to the foreign country for the extradition of the petitioner, pursuant to which the notice has been issued to preserve the said proceedings. In the present matter, no conflict between the two countries or between their respective laws has been noticed. Hence, the authority relied upon by the learned advocate for the petitioner would not render any assistance, considering the distinguishable facts of the present case.
15. Considering the foregoing reasons, the petition stands dismissed. Rule is discharged. Direct service is permitted.
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