Home Case Index All Cases Money Laundering Money Laundering + AT Money Laundering - 2019 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (8) TMI 1379 - AT - Money LaunderingOffence PMLA - attachment orders - HELD THAT:- It is Special Act, the provisions of this Act have to be considered on the date of offence as well as on the date of passing the orders. The appellants are acquitted from the schedule offence, no appeal has been filed either by the State or ED as admitted by the counsel for the respondent. Admittedly, the State as well as the respondent has not challenged the acquittal order before any Court even after expiry of 3 years. The respondent has merely stated that the Bank was cheated by the appellants as well as the main accused, the Bank has challenged the said order before the High Court and the appeal filed by the bank is pending. It is an admitted position that the Bank is not a party in the present proceedings. Therefore, in case the order was to be challenged, it was to be challenged by the ED or the State. The same has not happened. Thus, attachment of two properties lapses under the operation of law. The impugned order is set-aside by allowing the appeal.
|