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2019 (2) TMI 883 - AT - Money LaunderingOffence under PMLA - Provisional Attachment - amount seized from the possession of the Appellant - Held that:- the respondent has sufficiently explained the reason to believe that why the said amount is required to be attached under Section 5(1) of PMLA, 2002. It is not denied by the appellant that the aforesaid amount has been seized from the possession of the Appellant, secondly, the said amount is reflected in the FIR No. 27/2016 and the charge sheet dated 17.06.2016, thirdly, there is no material placed by the appellant that the said criminal case is disposed of in his favour. There are sufficient reasons explained by the respondent as well as Adjudicating Authority in attaching the amount involved in this appeal and confirmation of the same respectively. We are in agreement with the submission of the respondent that the appellant failed to discharge his burden as required under Section 24 of the PMLA. The technical objection raised by the appellant is that he has been acquitted in the criminal case in PS case no. 12 dated 30.01.2014 in which the aforesaid amount has been seized. Secondly, it is also submitted by the appellant that the seizure of aforesaid amount in PS case no. 27 dated 03.02.2016 is illegal. In this regard, the Appellant ought to have moved the concerned Trial Court to get the aforesaid amount released in his favour. Appeal dismissed.
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