TMI Blog2018 (9) TMI 668X X X X Extracts X X X X X X X X Extracts X X X X ..... as the property is in the joint name of her and her husband, that the property has been bought after her marriage and that FIRs are lodged against her husband for various offences including extortion and is also a defendant in the present impugned order of the adjudicating authority, and that presently also he was in jail. Accordingly do not find any reason to stay the impugned order. No undue/fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the money given as gift to the appellant during her marriage. The department has not been able to establish any offence with regard to the appellant or how the present property can be treated as proceeds of crime. As the department has not been able to link any offence to her (the appellant) the burden of proof therefore does not lie on the appellant. He also stated that the whole case was book ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... He also mentioned that the appellant got married in 2016 and the property was bought in 2017 which is not disputed by the appellant. Hence, there is a clear link. The burden of proof is on the appellant which has not been discharged. Examined the case and heard the parties. It is clearly an arguable case and I do not find that the appellant has made a prima facie case in their favour in as muc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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