Gujarat HC refuses to cancel Red Corner Notice, extradition proceeding against Dubai-based Vijay Udhwani

Gujarat High Court has rejected cancellation and withdrawal of the Red Corner Notice and extradition request made to the United Arab Emirates for the custody of petitioner – Vijay Udhwani alias Viju Sindhi, in connection with FIR registered with Kanbha Police Station related to prohibition offence.

The applicant is allegedly involved in illegal activities of transporting and trafficking liquor, evading taxes, smuggling, and other related offences and is operating a syndicate from Dubai.

 The applicant- accused has criminal history and is alleged to be in total 153 offences related to prohibition, cheating, Arms Act and under the provisions of the Gujarat Control of Terrorism and Organised Crime Act, 2015 (GUJCTOC).

Justice Hasmukh Suthar while dismissing the petition observed that “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 organised crimes on society is multifaceted and grave. Therefore, the argument by the petitioner’s advocate that the offence of prohibition alone is insufficient to invoke the Red Corner Notice or extradition proceedings, 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”.

The court found no procedural irregularities in the extradition process. Acting on requests from state and central governments, competent authorities formally sought Udhwani’s deportation from the UAE, leading to the issuance of the RCN. No legal conflict between India and UAE laws was observed.

The probe uncovered syndicate’s money-laundering operations exceeding ₹100 crore, routed through illegal hawala and informal channels, with applicant Vijay Udhwani among those implicated.

Prosecution arguments

Prosecution counsel argued that the applicant faces charges beyond prohibition—including forgery, smuggling and money laundering already under ED scrutiny—rendering claims of "cultural offences" or lack of extradition authority baseless. Evidence confirms his Dubai-based liquor trafficking syndicate, tax evasion and hawala operations. With dual criminality inapplicable and the accused an absconder, the state-initiated RCN is fully justified.

Defence submission

It is the case of the prosecution that 38 prohibition offences are registered against the petitioner. However, the 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 RCN is impermissible, as prohibition offences do not fall within the category of “serious” or “cultural crimes.”

The subsequent proceedings were initiated only after the applicant travelled to Dubai in July 2022 and the RCN was issued against him.