PP v. Rajendar Prasad Rai: CDSA Application for Restraint & Charging Orders over Suspected Criminal Proceeds
In Public Prosecutor v. Rajendar Prasad Rai, the High Court of Singapore considered an application by the Public Prosecutor for restraint and charging orders against Rajendar Prasad Rai under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (CDSA). The court granted orders to restrain specific bank accounts and impose charging orders on properties owned by Rajendar Prasad Rai and his wife, Gurchandni Kaur Charan Singh, to secure funds potentially derived from criminal conduct, pending further proceedings against Rajendar Prasad Rai under the CDSA. The court emphasized the need for the Public Prosecutor to promptly decide on whether to bring charges under the CDSA.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Orders granted for restraint of bank accounts and charging orders on properties, pending CDSA charges.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
The Public Prosecutor sought restraint and charging orders under the CDSA against Rajendar Prasad Rai due to disproportionate wealth.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Plaintiff, Applicant | Government Agency | Orders Granted in Part | Partial | Tan Kiat Pheng of Attorney-General’s Chambers Stacey Fernandez of Attorney-General’s Chambers Loh Hui-min of Attorney-General’s Chambers Navin Naidu of Attorney-General’s Chambers |
| Rajendar Prasad Rai | Defendant, Respondent | Individual | Orders Granted Against | Lost | |
| Gurchandni Kaur Charan Singh @ Gurchandni Kaur d/o Charan Singh | Respondent | Individual | Orders Granted Against | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Senior Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Tan Kiat Pheng | Attorney-General’s Chambers |
| Stacey Fernandez | Attorney-General’s Chambers |
| Loh Hui-min | Attorney-General’s Chambers |
| Navin Naidu | Attorney-General’s Chambers |
| N Sreenivasan | Straits Law Practice LLC |
| Lim Wei Liang Jason | Straits Law Practice LLC |
4. Facts
- The Public Prosecutor applied for restraint and charging orders against Rajendar Prasad Rai and his wife.
- The application was made under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (CDSA).
- The Defendant was previously charged with six counts of corruption under the Prevention of Corruption Act (PCA).
- The Applicant presented an Analysis Report concluding that the Defendant had disproportionate wealth estimated at $3,811,127.30.
- The Defendant disputed the findings in the Analysis Report and challenged its methodology.
- The Defendant claimed his wealth came from business activities, gambling winnings, and inheritance.
- The Defendant and his wife withdrew funds from the UOB accounts after the release order but before the restraint order was granted.
5. Formal Citations
- Public Prosecutor v Rajendar Prasad Rai, Originating Summons No 294 of 2017, [2017] SGHC 132
6. Timeline
| Date | Event |
|---|---|
| Second charge proffered against the Defendant under s 5(b)(i) read with s 29 of the PCA. | |
| Defendant charged with six counts of corruption. | |
| Authorities seized bank accounts and immoveable properties. | |
| Criminal Motions Nos 71 and 72 filed. | |
| Defendant's affidavit filed in the State Courts. | |
| Criminal Motions heard by Sundaresh Menon CJ. | |
| Menon CJ delivered decision on Criminal Motions. | |
| Menon CJ granted the Criminal Motions and set aside the seizure. | |
| Menon CJ refused to grant a stay of execution on the release order. | |
| Defendant and GK attempted to withdraw funds from UOB accounts. | |
| Defendant's solicitors sent demand letter to UOB. | |
| Defendant and GK withdrew funds from UOB accounts. | |
| Ferrier Hodgson Pte Ltd report was produced. | |
| Ferrier Hodgson Pte Ltd report was dated. | |
| Affidavits filed by the Defendant and GK. | |
| Lam filed second affidavit. | |
| Judgment was delivered. |
7. Legal Issues
- Application for Restraint Order
- Outcome: The court granted the restraint order on specific bank accounts.
- Category: Procedural
- Application for Charging Order
- Outcome: The court granted the charging order on the four properties listed.
- Category: Procedural
- Disproportionate Wealth
- Outcome: The court found that the defendant possessed wealth far in excess of his known means and sources of income.
- Category: Substantive
- Reasonable Cause to Believe Benefits Derived from Criminal Conduct
- Outcome: The court was satisfied that there was reasonable cause to believe that benefits have been derived by the defendant from criminal conduct.
- Category: Substantive
8. Remedies Sought
- Restraint Order
- Charging Order
9. Cause of Actions
- Application for Restraint Order under the CDSA
- Application for Charging Order under the CDSA
10. Practice Areas
- Criminal Law
- Asset Recovery
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Rajendar Prasad Rai and Another v Public Prosecutor and Another Matter | High Court | Yes | [2017] SGHC 49 | Singapore | Addressed the issue of whether the court below was correct in granting the seizure order under s 370 of the CPC and the powers of seizure under s 35 of the CPC. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Criminal Procedure Code (Cap 68, 2012 Rev Ed) | Singapore |
| Prevention of Corruption Act (Cap 241, 1993 Rev Ed) s 5(b)(i) | Singapore |
| Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) s 47 | Singapore |
| Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) s 5(6) | Singapore |
| Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) s 16(1) | Singapore |
| Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) s 16(4) | Singapore |
| Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) s 17(1)(a) | Singapore |
| Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) s 17(3) | Singapore |
| Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap 65A, 2000 Rev Ed) s 15(1)(c) | Singapore |
| Land Titles Act (Cap 157, 2004 Rev Ed) s 7(1)(b) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Restraint Order
- Charging Order
- CDSA
- Disproportionate Wealth
- Analysis Report
- Realizable Property
- Criminal Conduct
- UOB Accounts
- Seizure Order
- Concealed Income
15.2 Keywords
- restraint order
- charging order
- CDSA
- confiscation
- corruption
- drug trafficking
- disproportionate wealth
17. Areas of Law
16. Subjects
- Criminal Law
- Asset Confiscation
- Criminal Procedure
- Corruption
- Drug Trafficking