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2017 (8) TMI 860 - ATPMLAPrevention of Money Laundering - denial of natural justice - no opportunity granted to the appellant to defend his case in connection with the property for 35% of the property attached - Held that:- No doubt normally as per the statute he was supposed to give 30 days time to defend this case. We have not been able to understand when the Adjudicating Authority was having 74 days left before the statutory deadline under section 5 of the Act, atleast one final opportunity ought to have been granted to the appellant to defend his case. It is also not in dispute that on 12th January, 2015, the appellant was in judicial custody. Even the order was passed on the next date i.e. 13th January, 2015. As per the settled law, the accused person is entitled to raise his defence within the reasonable time. We are of the view that the order passed by the Adjudicating Authority is in haste and without following the principles of natural justice particularly when 74 days was still left before the statutory deadline. The impugned order is set aside the appellant is allowed to file the reply before the Adjudicating Authority within three weeks from today irrespective of the fact that he is in judicial custody. He could given the instructions as already given in the fresh matter to his counsel so that both the matters may be decided together. We also agree that the submissions of the learned counsel for the respondent that in ground (B) that the appellant has not made the correct statement that during the entire tenure of the proceedings before the Adjudicating Authority he was in judicial custody. As a matter of fact he was on bail between 1st January, 2015 to 5th January, 2015. It might have happened due to oversight as alleged by the counsel but all the appeal, papers were signed by him. He is warned to be careful in future. To balance the case of the two sides, cost of ₹ 10,000/- is imposed on the appellant
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