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2019 (10) TMI 1533 - HC - Money LaunderingCalculation of recovery percentage - Illegal quarrying in areas beyond the licensed patta land - granite quarry - alleged quarrying in Government poramboke land, besides misstating recovery percentage - HELD THAT:- This is not a case where no reasons have been provided in the impugned order. Therefore, case on hand clearly distinguishable on facts qua Mahanivesh Oils case. However, this court makes it clear that no opinion or view is expressed regarding 'reason to believe' adduced in the impugned attachment order, as this court has no difficulty in accepting the contention of learned Solicitor that impugned attachment order is only a provisional attachment order and the same has to be adjudicated upon and an order has to be passed regarding whether properties which are subject matter of attachment are involved in money laundering. Proviso to section 8(2) makes it clear that writ petitioner has to be given an opportunity of being heard to prove that the property is not involved in money laundering. This Court finds that the matter does not end there. Even if the adjudication and outcome of the adjudication under section 8(2) is adverse to the writ petitioner or in other words, even if the impugned attachment order which is provisional, is confirmed, writ petitioner has right of appeal to the appellate authority under section 26 of PMLA Act and thereafter, a further appeal to High /Court under section 42 of PMLA Act. Oher than saying that recovery percentage aspect did not come up for consideration in the other order, there is no other reason much less convincing reason for this court to take a different view. As the recovery percentage aspect has already been adverted to, addressed and answered supra elsewhere in this order, it is also a matter of judicial discipline that the order made by another Hon'ble Single Judge is applied in the instant case also. In any event, this court is left with the considered view that there is no reason much less compelling reason for this court to take a different view. Petition dismissed.
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