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2023 (2) TMI 784 - JHARKHAND HIGH COURTMoney Laundering - proceeds of crime - provisional attachment of property - gist of the objection raised by the ED is that the present writ petition is not maintainable in the High Court of Jharkhand - HELD THAT:- All that the petitioner-company wants is that its property should be released from attachment on its depositing the amount of “value thereof”. The petitioner-company has not raised any grievance against the investigation or adjudication, or even legality and proprietary of investigation and adjudication proceedings or for that matter against the attachment of other properties of the accused persons. In the present case, the proceeds of crime is in the form of money and in the prosecution complaint and supplementary complaint filed by the ED money-trail has been shown to lead to other properties but not to the subject-property. The right to property is a Constitutional right under Article 300-A of the Constitution of India and every citizen of the country has a right to deal with his property in whatsoever manner he wants to enjoy the property which shall include sale, lease, transfer, mortgage etc. Therefore the plea urged on behalf of the ED that the petitioner-company is in possession and enjoying the subject-property is not a valid objection and liable to be rejected summerily. The powers under Article 226 of the Constitution of India are plenary in nature and can be exercised by the High Court irrespective of any technical objection raised by the respondent. The prayer for release of the subject-property is accepted. The respondent no.2 is directed to accept the amount of Rs.12 Lakhs tendered by the petitioner-company through bank draft in the name of Directorate of Enforcement payable at Ranchi which shall be deposited in the interest-bearing account till completion of the trial in ECIR/RSZO/01/2015 - Petition allowed.
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