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2016 (1) TMI 1340 - APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHIOffence under PMLA - provisional attachment of properties - Held that:- On being asked by this Tribunal, the counsel for appellant could not offer any explanation on behalf of appellant as to how he has met his household expenses during this period. When the appellant was earning salary of more than ₹ 1,00,000/- per month which is deposited in the bank account and there are no withdrawals to meet out household expenses and he does not offer any explanation as to how the household expenses were met during the relevant period i.e. financial year 2011-12, it gives sufficient reasons to draw adverse inference against the appellant. This adverse inference when considered in the light of the allegations made in the charge sheet, will prima facie show that there is substantial probable cause to believe that the appellant was in possession of alleged proceeds of crime and the amount of ₹ 4,86,900/- seized by the police on 7-2-2012 is out of such alleged proceeds of crime and not out of the sum of ₹ 5,50,000/- withdrawn on 4-8-2011 by the appellant from Allahabad Bank as claimed by him. The explanation offered by the appellant to explain the amount of ₹ 4,86,900/- seized on 7-2-2012 by the Police from his residential house is liable to be rejected. Thus we are of the considered view that the explanation offered by the appellant to explain the amount of ₹ 4,86,900/- seized on 7-2-2012 by the Police from his residential house is liable to be rejected. The explanation offered by the appellant in respect of the amount of ₹ 4,86,900/- is held to be an afterthought to wriggle out of the allegations of money laundering and to project the same as untainted property. Consequently the appeal is dismissed
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