NPA baffled by Atul Gupta's application to recover R10-million

It is a “mystery” how Atul Gupta can lodge a court application to recover R10-million he denies ever having received.

That is what the National Prosecuting Authority (NPA) argued in court papers filed at the Bloemfontein High Court on Wednesday.

“It remains a mystery how the Second Applicant (Atul Gupta) can have an interest in a property that he clearly denies ever receiving in the first place‚” the head of the NPA’s Asset Forfeiture Unit (AFU)‚ advocate Knorx Molelle‚ said in his affidavit.

Gupta filed an urgent application at the Bloemfontein High Court earlier this week to challenge the AFU’s preservation order to freeze R10-million in his bank account. Gupta in his affidavit denied ever receiving the R10-million. The affidavit was dated February 8 and signed in Dubai and sworn to at the South African Consulate.

Molelle said this was “bewildering” and “baffling” and Gupta’s claims “incorrect” and “misdirected”.

“I submit that it is baffling in the main‚ that the Second Applicant (Atul Gupta) is affected by the order and claims an interest in respect of the payment of R10-million which he‚ in his own version‚ never received and is essentially non-existent.”

The R10-million in question relates to the Estina Dairy Project in Vrede in the Free State. The project was established in partnership with Gupta-linked company Estina. R220-million meant to benefit poor farmers was allegedly siphoned off from Estina to the Guptas and others. It was adopted by the provincial government without a tender.

The AFU said in earlier court papers only R2-million was spent on the farm. Estina then allegedly siphoned off money to various individuals‚ including R10-million to Atul Gupta.

Molelle said there was evidence it was obtained via theft‚ fraud and money laundering.

“The applicants‚ including the Second Applicant (Atul Gupta) specifically are some of the recipients and beneficiaries of the unlawful proceeds.”

Gupta’s application is set to be heard in the Bloemfontein High Court on March 1.