TMI Blog2014 (10) TMI 956X X X X Extracts X X X X X X X X Extracts X X X X ..... bank accounts and income-tax returns will be relevant and it cannot be inferred at this stage that the applicant has not been able to discharge his burden. The contents of the documents and whether they establish that the applicant did not have proceeds of crime can be inferred only after the documents are taken on record and considered in view of the pleas and contentions of the applicant. Therefore, the pleas of the respondent not to take the documents on record and not to consider them cannot be accepted. For the foregoing reasons the application is allowed and additional documents are taken on record subject to payment of ₹ 2,000/- as cost to the learned counsel for the respondent. - MP-PMLA No. 513/HYD/2013 (Addl. Documents), ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r set of appeal was filed on 3-11-2012. Applicant has contended that he could not collect the papers now sought to be produced from the concerned bank and file the same with the appeal. The appeal was filed by the applicant in person and he was not aware of many legal requirements. 4. It is asserted that after the appeal was listed for hearing the applicant contacted one of his friend, who is a practising advocate at Hyderabad. The counsel advised the applicant to file the additional documents and also advised to take additional grounds. The applicant has further averred that his wife has also filed additional documents in her appeal. The applicant has averred that the additional documents filed by him are relevant for determination of h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t relevant as they would not show that amount shown in them are the proceeds of crime or not. 9. The respondent has also alleged that the applicant had filed a writ petition before the Hon ble High Court at Andhra Pradesh, which was dismissed. An appeal filed before the Division Bench was also dismissed. It is contended that the application has been filed casually with a view to delay the disposal of the appeal. The respondent has contended that the applicant did not appear before the Adjudicating Authority on the ground of non-availability of funds and that he was in judicial custody, but he still filed the writ petition before the Hon ble High Court of Andhra Pradesh. 10. The respondent has alleged that the various bank accounts, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmination of pleas and contentions of the parties. 12. Considering these documents it is apparent that there cannot be doubt about the genuineness of these documents. The plea of the respondent is that the documents are not relevant. However, this plea of the respondent cannot be accepted. The contention of the applicant is that the properties which have been attached had not been acquired from the proceeds of crime. In these circumstances, the copies of bank accounts and income-tax returns will be relevant and it cannot be inferred at this stage that the applicant has not been able to discharge his burden. The contents of the documents and whether they establish that the applicant did not have proceeds of crime can be inferred only afte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne of his friend, who is a practising advocate at Hyderabad. The counsel advised the applicant to file the additional documents and also advised to take additional grounds. The applicant has further averred that he has also filed additional documents in his appeal on which he relies in support of the additional grounds which have been taken by him. The additional grounds have been raised on the basis of these documents. According to the applicant, the additional grounds raised by him are necessary for the proper adjudication and disposal of the appeal. 18. The legality and validity of the grounds raised by the applicant are not to be decided at the time the additional grounds are taken by the applicant. The grounds raised by the applican ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
