Home Case Index All Cases Money Laundering Money Laundering + AT Money Laundering - 2018 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (11) TMI 238 - ATPMLAOffence under PMLA - attachment orders - seizure of jewelry and utensils - Held that:- The Adjudicating Authority has simply based his finding on non appearance of the appellants before the ED had ignored the vital facts reiterated in the Court Room that the appellants have been appearing before the ED since long but the ED has not to recorded their statements. The appellants had explained many time that they live in the joint family headed by their father and the jewelry and utensil seized were STRI DHAN of three married ladies in the house and a few of their father generated in course of time out of his life long earnings. The ladies had also placed their claims before the Adjudicating Authority by letter dated 16.01.2016. The impugned PAO has been issued by Shri J P Singh, Adhoc Joint Commissioner. It is an admitted fact that all powers flows from the Director. The Director of the ED himself requested CBI to initiate enquiry in the matter. No report before the Magistrate under Section 173 against the appellants. In the charge sheet of 2013 the appellants were not arrayed as accused. It is also informed this tribunal that no PMLA complaint has been filed against the appellants. The prescribed period already expired. Even, on merit no case beyond any doubt even prima facie is established by producing any cogent and clear evidence. Only on the basis of the statement of alleged accused witnesses, the properties were attached. There is no independent evidences. The statement of other accused has no value unless independent evidence implicating the appellant are produced. Since, in the charge-sheet the appellant the appellants were not arrayed as accused for schedule offence as well as PMLA complaint. The prayer of the appeals are liable to be allowed. Thus, the impugned order and the provisional attachment order against the appellants is quashed. The attached properties are released forthwith. The finding arrived in these appeals shall have no bearing with regard to other parties if they are involved.
|