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2019 (9) TMI 585 - AT - Money LaunderingOffence under PMLA - attachment made by the Provisional Attachment Order (PAO) - HELD THAT:- It is evident that the PAO, the Original Complaint and the Impugned Order have simply copy pasted the contents of the CBI Chargesheet. In the present, very serious issues are involved, those have to be decided legally. We have examined the chart filed alongwith rejoinder as Annexure-A, which highlights the similarities between the Chargesheet, the PAO, the Original Complaint and the Impugned Order. Shockingly, the contents of these documents are almost identical and which evidences that the Respondent No.1 i.e. the author of the PAO and Original Complaint and the AA i.e. the author of the Impugned Order, has not applied his mind. He who passed the order was not the Judicial Member. The order was passed in very casual manner. In serious and complicated issues cut paste of pleadings and documents is not acceptable. It is the approach of claimed that PMLA is an independent proceeding and it has own mechanism to decide the matter on merit. The reply, appellant has put its case in details issue-wise. No doubt, the contents of the reply was re-produced but the said legal issues have not been decided. The impugned order is set-aside on the reason that the impugned order has without assigning any reasons, and much less any legally cogent reasons, independent mind has not been applied. We allow the appeal and the matter is remanded back to Adjudicating Authority for fresh adjudication after considering the reply filed by the appellant to the notice under Section 8 (1) of Act. The Adjudicating Authority shall hear the matter on all the issues and shall consider all the issue raised in the reply. Adjudicating Authority is granted six months time from 21.10.2019 to decide the matter by the Member (Law) after hearing both side.
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