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2018 (5) TMI 225 - HC - Money LaunderingOffence under PMLA - provisional order of attachment - application to keep the civil proceeding in abeyance for confirmation of the provisional order of attachment during pendency of the trial - Held that:- This Court is of the opinion that there is no further issue to be decided and the writ application can be disposed of with the observation that the findings, which may be recorded by the adjudicating authority, would be prima facie the findings under the provisions of the PML Act, 2002 and the same would not have any binding effect on the trial Court, which would try the case/charges against the appellant in the criminal case under the provisions of the Code of Criminal Procedure. Another stipulation in this observation that since the civil proceeding is separate and distinct proceeding, the show cause filed by the petitioners or evidence led by the petitioners before the adjudicating authority will be in no way used by the prosecuting agency against the petitioners in the criminal trial pending before the Learned Vigilance Judge. This Court hastens to add that the petitioners should file their show cause before the adjudicating authority within a period of 15 days. Provisional attachment is valid for 180 days and in the meantime since substantial time has elapsed during the pendency of this writ application and the earlier writ application, the said time should not be counted while calculating 180 days as stipulated in Section 5(1) of the PML Act, 2002.
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