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2019 (5) TMI 1465 - HC - Money LaunderingOffence under PMLA - Retention of property after search - seeking release of jewellery, which was seized during the search operation of 22.09.2014 conducted on the respondents herein - HELD THAT:- Admittedly the respondents herein are not party to the proceedings initiated against the husband/father of the respondents herein respectively. We are also of the view that the appellants have not sought any extension under Section 20(3) of the PMLA for further retention of the jewellery. Learned ASG submits that a notice was issued subsequently and the effect of which would be decided by the Single Judge. We are prima facie satisfied that no prejudice in any manner will be caused to the appellant if the jewellery is released, for the reason that before the Single Judge, the respondents have volunteered to furnish a fixed deposit receipts in the amount ₹ 1,23,22,317/- and ₹ 29,64,387/- respectively and also furnish an undertaking that they would not transfer, part with or encumber in any manner or alienate jewellery returned to them and this undertaking has been accepted by the Court. We are informed that the undertaking has been furnished. Additionally, we direct the Department to take pictures of the jewellery in the presence of the respondents herein and the pictures would be duly signed by both the parties for the purposes of proper identification. The jewellery would be returned to the respondents against a proper receipt to be issued by the appellants. Appeal dismissed.
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