TMI Blog2019 (2) TMI 882X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant has argued that the impugned order is totally contrary to the law passed by the adjudicating authority as due process has not been followed by the ED, which is mandated under section 20 of the Act. After the retention of the property, the respondent has not passed an order for retention or confirmation of freezing of the property for purposes of adjudication under section 8 of the Act. Rule 3 of ‘The Prevention of Money-laundering (The manner of forwarding a copy of the order of retention of seized property along with the material to the Adjudicating Authority and the period of its retention) Rules, 2005 mandates for the same It appears from the impugned order, there is no discussion at all with regard to retention the property, except it is stated that after considering the original application, submission of the defendant, it is held that the condition laid down for retention are satisfied and original application is allowed. The case on merit of the parties has not been discussed or considered by the adjudicating authority. This said fact is admitted by the learned counsel for the respondent before us. Under these circumstances, the impugned order is an order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xecuted under section 17(1) of PMLA, 2002 at the office premises i.e. 202,18/12,Jain Bhawan, WEA, Karol Bagh, New Delhi- 110060 of Shri Rajesh Agrawal on a strong reasonable belief that the proceeds of crime, records/documents relating to money laundering or the documents of property related to the crime could be recovered from the aforementioned premises. 6. 59 files, one laptop, three computer hard discs and new Indian Currency notes amounting to ₹ 6 lakhs were recovered and seized from afore-mentioned premises of Shri Rajesh Agrawal, CA under the Seizure Report/ Panchnama dated 18.05.2017 drawn under section 17 of PMLA,2002. 7. From the ongoing investigation and scrutinizing the documents seized from the office premises of Shri Rajesh Agrawal, 15 files, out of seized 59 files, have been identified which would be helpful in the on-going investigation and thee are required to be retained. Further, one laptop, three computer hard discs and new Indian Currency notes amounting to ₹ 6 lakhs are also to be retained for further investigation for tracing the money trail and proceeds of crime involved in the subject case. 8. Therefore, the respondent filed the applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a or equivalent being head of the office or Ministry or Department or Unit, as the case may be, or any other officer who may be authorised by the Central Government, by notification, for this purpose.] [(1A) Where it is not practicable to seize such record or property, the officer authorised under sub-section (1), may make an order to freeze such property whereupon the property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned: Provided that if, at any time before its confiscation under subsection (5) or sub-section (7) of Section 8 or Section 58B or sub- Section (2A) of Section 60, it becomes practical to seize a frozen property, the officer authorised under sub-Section (1) may seize such property.] (2) The authority, who has been authorized under sub-section(1) shall, immediately after search and seizure [or upon issuance of a freezing order] forward a copy of the reasons so recorded along with material in his possession, referred to in that sub-section,to the Adjudicating Authority in a sealed envelope, in the manner, as may be prescr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... less the Adjudicating Authority permits retention or continuation of freezing of such property beyond the said period. 11. We have heard the learned counsel for both the parties. The PML Act is the Special Act. The provisions of said Act are very stringent which have to be applied strictly. No different meaning or interception can be given in the absence of ambiguity of any provisions. 12. It is settled law that a particular thing should be done in a particular manner, it must be done in that way and none other. Reliance in this regard is also placed on a judgements of Hon ble Supreme Court in the cases of Dipak Babaria and another vs. State of Gujarat 2014 (3) SCC 502 and J. Jayalalitha Anr vs State of Karnataka Ors 2014 (2) SCC 401. 13. Sub-section (4) of Section 17 mandates that the authority seizing any record or property under sub-Section (1) or freezing any record or property under sub-Section (1A) shall, within a period of thirty days from such seizure or freezing, file an application, requesting for retention of such record or property.In the present case the respondent has filed the application under section 17(4) for the same. 14. In case the sub-section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... officer shall indicate a reference number and date of dispatch on the sealed envelope. (4) The sealed envelope shall be marked Confidential and To be opened by the addressee only , the complete address of the Adjudicating Authority including his name shall be mentioned on the sealed envelope, with official seal. (5) The authorized officer shall place the sealed envelope inside an outer envelope, along with an acknowledgement slip in Form II appended to these Rules. (6) The outer envelope shall be sealed and complete address of the Adjudicating Authority shall be mentioned on the sealed outer envelope. (7) The authorized officer shall maintain registers for the purposes of this rule and shall ensure that necessary entries are made in the register immediately as soon as the copy of the order and the material are forwarded to the Adjudicating Authority. 18. The IO, during the course of hearing, has made following admission before us:- (i) No order was passed within the meaning of section 20(2) of the Act, rather he states that only a letter was handed over to the Adjudicating Authority for the purpose of adjudication under section 8 of the Act. (ii) H ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
