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2018 (8) TMI 1023 - ATPMLAProceedings under the Prevention of Money Laundering Act, 2002 - Provisional attachment of property - The appellant was not arrayed in the FIR or charge sheeted. She was not involved in schedule offence. No prosecution complaint is pending against her. From the documents placed on record, it is evident that the appellant paid the entire purchase consideration from her personal bank account. She has no family relation whatsoever with any of the respondents named above. Even the purchase consideration part of, directly or indirectly, any transaction(s) with the respondents named above. The appellant has filed confirmation issued by the bankers HSBC confirming the details of the cheques issued in favour of UB Holdings – HDFC Bank Escrow Account and cleared from her account. Held that:- From the entire gamut of the matter, it is evident that the appellant was the claimant in the flat. By making the entire payment, the appellant is become stake-holder as the amount paid by the appellant was not proceed of crime. The appellant is also not involved in the money laundering. The question of link and nexus in the criminal activities directly or indirectly does not arise. As far as the impugned order dated 11.2.2016 is concerned, the said order is not sustainable in law and the facts of the present case. The same is set-aside against the appellant with regard to flat in question. The provisional order is also quashed accordingly by allowing the appeal. However, it is clarified that this tribunal has decided the appeal pertaining to the order passed on the attachment of flat allegedly purchased by the appellant. The finding shall have no bearing with regard to merit of other proceedings pending against the accused parties including extradition proceedings. It is alleged that the flat in question is one of the assets in which the Official Liquidator is appointed, therefore, the appellant, the respondent nos. 3, 5 and 8, unless the final order is passed in her favour, shall not create third party interest directly or indirectly.
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