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3. It is the case of the ED that in US court, the applicant was prosecuted and convicted with regard to some Bitcoins ("BTC"), which he had earned through his drug trafficking business. Before the US authorities, the applicant, as per the ED, has given a statement that he had split the business with his brother Parvinder Singh and 4250 BTC were transferred to Parvinder Singh. According to the ED, Parvinder Singh had denied acquisition of 4250 BTC. He had though revealed possession of some BTC, which have been taken into custody by the ED.

10.2.23 Further, the remaining PoC in the instant case i.e. 4250 Bitcoins is still untraceable and is suspected to be in possession of the Banmeet Singh or Parvinder Singh, investigation in respect of the same is undergoing."

5. Heard learned counsel for the parties and perused the record.

6. Learned counsel for the applicant would submit that the applicant has already been tried and convicted by the US authorities with regard to all BTC, which he had. It is argued that, in fact, the applicant had been prosecuted and convicted for drug trafficking as well as money laundering. The applicant, it is argued, cannot be prosecuted in India again.

(ii) Conspiracy to Import Controlled Substances (21 U.S.C. §§ 952 (a), 960 (b) (2) and (b) (3), and 963)

(iii) Money Laundering Conspiracy (18 U.S.C. 1956 (h) ).

14. Thereafter, the appellant entered into plea agreement in the United States which, inter alia, records as follows:-

"Defendant agrees to turn over all seed phrases and passwords and to assist in the transfer to U.S. Government crypto currency wallets, all of the 8,131.80350145 BTC; 8,199.31047036 BCH;8,131.80114469 BSV;8,131.80312935 Bitcoin Gold (BTG); and 8,131.801,544.42 eCash (XEC), and currently stored on the lockchain, remote or cold storage devices, and/or at the above listed public addresses which constitute the ill-gotten gains from the offences described in Counts One and Three of the Indictment."

21. It is positive case of the ED that the applicant under Section 50 of the Act has stated that in the year 2017, he and his brother Parvinder Singh did split as they stopped the said business. In the said split Parvinder Singh got 4250 Bitcoins. Those Bitcoins according to the ED are still in the block chain, but they could not be accessed for the want of passwords or key phrases. Search has already been made to recover those passwords and key phrases. It is further the case of the ED that in his proffer statement recorded on 05.01.2024 in the United States, the applicant stated as follows:-