Procedural fairness in cross-border asset restraint requests: ex parte letter of request set aside and remanded for hearing.

An ex parte request for issuance of a letter of request under Section 166A CrPC, read with Section 105C, was vulnerable where it sought not only investigative assistance but also restraint and attachment of foreign-held assets. Procedural fairness required the affected party to be heard before such relief was considered. At the same time, concern over possible dissipation of assets justified interim protection. The order issuing the letter of request was therefore set aside, the matter was remanded for fresh consideration after hearing the petitioner, and interim protection was continued against transfer of the concerned assets until the trial court decided the application.

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Issues: Whether the impugned order issuing a letter of request under Section 166A of the Code of Criminal Procedure, read with Section 105C, could be set aside for want of opportunity of hearing to the accused, and whether the matter required remand to the trial court for fresh consideration.

Analysis: The complaint was pending before the trial court and the application for issuance of a letter of request was moved when the matter had already been adjourned to a later date. The application, however, sought assistance not merely for investigation but also for restraint and attachment of foreign-held assets, and the accompanying letter referred to attachment-related provisions. In that background, the demand for procedural fairness could not be ignored. At the same time, the nature of the proposed investigation and the apprehension regarding dissipation of assets warranted protection of the subject matter pending reconsideration. The proper course was therefore to preserve the interests of both sides by setting aside the ex parte orders and requiring a fresh hearing.

Conclusion: The order issuing the letter of request was set aside and the matter was remanded to the trial court for fresh decision after hearing the petitioner. Interim protection was granted against transfer of the concerned assets until the trial court decides the application.

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