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2019 (4) TMI 331

irm the attachment of the property if it is involved in money laundering. Hence, while the attachment powers are with the adjudicating authority the power to confiscate, release or restore to a claimant of the said property lies specifically with the Special Courts. This Tribunal has not been assigned any specific powers under PMLA, 2002 with relation to confiscation, release or restoration of the property attached. - Since the Special Court has initiated the proceedings in the present case and taken cognizance of the same, it is my considered view that the Special Court has to decide the case including the offence of money laundering as discussed above, which in any case only the Special Court can decide and not the Appellate Tribunal. .....

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argesheets are (a) 40/2012 dated 31.03.2012 for offences under Section 302 of the IPC and (b) 318/2013 dated 30.09.2013 for offences under Section 420, 414, 467, 471 etc. of the IPC. 2. I have heard both the parties and also perused the written submissions given both before the hearing as well as after the hearing. The appellants‟ main plea was to allow the appeal on the ground that the offences committed by Shri Bharat Yadav have already been tried by the Session Court/Chief Judicial Magistrate and in both these cases he has been acquitted. Hence, once there is no scheduled offence, they stated, there cannot be proceeds of crime and therefore the attachment of the properties which have been held to be proceeds of crime is liable to b .....

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ose will try both the offence of money laundering as well as the scheduled offence. This was reaffirmed by the Hon‟ble Supreme Court in the case of Nikesh Tarachand Shah vs. Union of India WP (Criminal) No. 67 of 2017 dated 23.11.2017. 8. Under Section 5 of the Act, attachment of such property takes place so that such property may be brought back into the economy……….. Section 44 is very important in that the Section provides for the trial of a schedule offence and (emphasis added) the offence of money laundering together by the same Special Court, which is to try such offences under the Code of Criminal Procedure as if it were a court of sessions. 4. From the facts of the case, it is indisputable that the Court of .....

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g serious crimes like under the Arms Act which is also a schedule offence although he fairly agreed that the present order does not emanate from the same. He stated that the source of money for acquisition of the said properties does not stand the test of reality. While Bharat Yadav has not maintained any books of accounts in respect of the liquor business held in his name or in the name of his family members and have not submitted any details thereof while the onus was on them, the information that was culled out from the ITRs of the appellant and from the Income Tax department showed the income of Bharat Yadav to be ₹ 21,87,410/- which if added with the income of the construction companies i.e. M/s. Jai Maa Kali Construction, M/s. R .....

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already taken cognizance and hence is therefore pending before the said court. Section 8(5) of PMLA reads as where on conclusion of a trial of an offence under this Act, the Special Court finds that the offence of money laundering has been committed, it shall order that such property involved in the money laundering or which has been used for commission of the offence of money laundering shall stand confiscated to the Central Government. Section 8(6) further states where on conclusion of a trial under this Act the Special Court finds that the offence of money laundering has not taken place or the property is not involved in money laundering, it shall order release of such property to the person entitle to receive it. Section 8(8) second pr .....

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