Home Case Index All Cases Money Laundering Money Laundering + HC Money Laundering - 2022 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (12) TMI 606 - HC - Money LaunderingProvisional attachment - Expiry of 80 days mandatory period for confirmation of the provisional attachment u/s 5 of PMLA - Applicability of decision of Supreme Court for exclusion of certain period on account of COVID-19 pandemic - the competent authority had failed to pass any formal order of confirmation or extension of validity of the provisional attachment order u/s 8(3) - HELD THAT:- undisputedly the order of provisional attachment under Section 5(1) of the PMLA was passed on 30th of September, 2021. 180 days period from the date of order was over on 31st of March, 2022. Before the expiry of 180 days, no order was made under Section 8(3) of the PMLA. Hence, on these undisputed facts, the provisional order of attachment had expired on 31st of March, 2022. Hon’ble Supreme Court in the above judgment has clearly noted in suo motu petition that the order was passed for extending the limitation for filing petitions/applications/suits/appeals and all other proceedings and the order was for the benefit of those who wanted to take remedy, whose remedy were barred by time because they were unable to come physically to file such proceedings. Hon’ble Supreme Court has clearly laid down that the order passed in Suo Motu petition dated 23rd of March, 2020 never meant to curtail any provisions of the Cr.P.C. or any other statute which was enacted to protect personal liberty of a person. Considering the provisions contained under Section 5(1) and 5(3) of the PMLA in the light of the above pronouncement, it is found that Section 5(1) does not relate to filing of any pleading but relates to the period of validity of the order of attachment. By virtue of Section 5(3) of the PMLA, the order of attachment under Section 5(1) ceases to have effect on expiry of the prescribed period. Thus, for such a provision, the order of the Hon’ble Supreme Court passed in SMW (C) No. 3 of 2020 extending the period for filing the pleading will not apply. The learned Single Judge has not committed any error in reaching to the conclusion that the benefit of extended period of limitation by virtue of the orders passed by the Hon’ble Supreme Court from time to time in SMW (C) No. 3 of 2020 will not be available for extending the validity period of provisional attachment order under Section 5(1) of the PMLA. Hence, learned Single Judge has rightly set aside the provisional attachment order.
|