Bootlegger to HC: Prohibition cases are a social offence, junk extradition plea

An alleged bootlegger from Vadodara, Vijay Udhwani alias Viju Sindhi, has moved the High Court of Gujarat challenging the Interpol Red Corner Notice (RCN) against him & the central government’s extradition request to the UAE, contending that liquor prohibition cases are only a social offence, & such criminal cases do not qualify for the use of Interpol or extradition.

In a plea filed by Sindhi’s wife through Lawyer Rahul Sharma, Sindhi says that he went to Dubai last July. After a request from Gujarat Police, Interpol issued an RCN against him, & the central government made an extradition request to the United Arab Emirates Govt on Sept 12, 2022. He was thus arrested in Dubai & released on bail on payment of 200,000 UAE dirhams & surrendering his & his guarantor’s passports.

Sindhi wants the High Court to quash the RCN & extradition request, on the grounds that issuing an RCN for 38 bootlegging FIRs under the Gujarat Prohibition Act violates basic Interpol guidelines, which “clearly specify that these notices can be issued only in respect to serious crimes & cannot be issued for social crimes. Prohibition is nothing but an example of a social crime”.

The plea cites Article 83(1)(a)(i) of Interpol’s Rules on the Processing of Data to state that an RCN cannot be issued for offences relating to behavioural or cultural norms.

It contends that the Centre’s extradition request is not permissible under the law, illegal & a clear abuse of power, as liquor prohibition cases are not extraditable.

Sindhi urged the High Court to order the authorities to bear all expenses for the release of his & his guarantor’s passports & the costs they incurred on this process in the UAE. He also submitted that he wants to return to India to be with his family, but can’t because his passport has been surrendered to comply with his bail conditions.

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