TMI Blog2019 (5) TMI 475X X X X Extracts X X X X X X X X Extracts X X X X ..... er the corresponding law of any other countries as the case may be under Sub-section (3) (a) of Section 8 may take necessary action within the time prescribed. In failure to do so under this Act, all the proceedings, seizures/frozen under Section 17 would be lapsed ipso facto. If a particular thing is to be done in a particular manner, it must be done in that manner only and none other. Reliance in this regard is also placed on a judgements in the cases of Dipak Babaria and another vs. State of Gujarat [ 2015 (8) TMI 775 - SUPREME COURT] and J. Jayalalitha Anr vs State of Karnataka Ors [ 2013 (9) TMI 1182 - SUPREME COURT] The provisions of section 8 (3) (a) provides that the attachment or retention of property or record seized shall continue during the investigation for a period not exceeding ninety days. It is admitted position that no prosecution complaint has been filed against the Appellant herein. The properties and records of the Appellant were seized only for the purpose of investigation. The period of 90 days as prescribed under section 8 (3) (a) has already elapsed as more than 3 years 10 months have been passed. No prosecution complaint has been fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The said amount was paid by Sh. O.P. Mittal to Sh. Harnek Singh. The trial is pending before Trial Court, Chandigarh. Copy of report dated 26.10.2009 is also annexed. c) Shri O.P. Mittal has filed the following documents before authorities and Courts admitted return of ₹ 35 lacs: i) Complaint made to Senior Superintendent of Police, Chandigarh dated 23.07.2009; ii) Representation made to the Home Secretary, U.T. Chandigarh dated 24.07.2009. iii) Suit for specific performance filed in the Court of Civil Judge (Senior Division) Chandigarh dated 1.5.2010. Sh. Surinder Mittal i.e. son of Sh. O.P. Mittal also admitted return/refund of amount before the Investigating Officer vide reply dated 15.02.2010. Sh. Surinder Mittal has admitted reply made to the Investigating Officer during cross examination in Schedule Offence before Trial Court. Copy of letters dated 23.07.2009, 24.07.2009, 15.02.2010, suit dated 01.05.2010 and cross examination dated 15.05.2015 are also enclosed. d) The Directorate of Enforcement, Chandigarh (hereinafter called as Respondent) on the basis of FIR and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e powers conferred by clause (a) where the keys thereof are not available; (c) seize any record or property found as a result of such search; (d) place marks of identification on such record or [property, if required or] make or cause to be made extracts or copies therefrom; (e) make a note or an inventory of such record or property; (f) examine on oath any person, who is found to be in possession or control of any record or property, in respect of all matters relevant for the purposes of any investigation under this Act: [Provided that no search shall be conducted unless, in relation to the scheduled offence, a report has been forwarded to a Magistrate under section 157 of the Code of Criminal Procedure, 1973 (2 of 1974), or a complaint has been filed by a person, authorised to investigate the offence mentioned in the Schedule, before a Magistrate or court for taking cognizance of the scheduled offence, as the case may be, or in cases where such report is not required to be forwarded, a similar report of information received or otherwise has been submitted by an officer authorised to inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 18 of PMLA, 2002 reads as under: 18. Search of persons. - (1) If an authority, authorised in this behalf by the Central Government by general or special order, has reason to believe (the reason for such belief to be recorded in writing) that any person has secreted about his person or in anything under his possession, ownership or control, any record or proceeds of crime which may be useful for or relevant to any proceedings under this Act, he may search that person and seize such record or property which may be useful for or relevant to any proceedings under this Act: [Provided that no search of any person shall be made unless, in relation to the scheduled offence, a report has been forwarded to a Magistrate under section 173 of the Code of Criminal Procedure, 1973 (2 of 1974), or a complaint has been filed by a person authorised to investigate the offence mentioned in the Schedule, before a Magistrate or court for taking cognizance of the scheduled offence, as the case may be.] (2) The authority, who has been authorised under sub-section (1) shall, immediately after search and seizure, forward a c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of such record or property, before the Adjudicating Authority . 7. Sub-section (1), (2) and (3) of Section 20 read as under:- 20. Retention of property .- (1) Where any property has been seized under section 17 or section 18 or frozen under sub-Section (1A) of Section 17 and the officer authorised by the Director in this behalf has, on the basis of material in his possession, reason to believe (the reason for such belief to be recorded by him in writing) that such property is required to be retained for the purposes of adjudication under section 8, such property may, if seized be retained or if frozen, may continue to remain frozen, for a period not exceeding one hundred and eighty days from the day on which such property was seized or frozen, as the case may be. (2) The officer authorized by the Director shall, immediately after he has passed an order for retention or continuation of freezing of the property for purposes of adjudication under section 8, forward a copy of the order along with the material in his possession, referred to in sub-section (1), to the Adjudicating Authority, in a seale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elease of any such record for a period of ninety days from the date of (receipt of] such order, if he is of the opinion that such record is relevant for the appeal proceedings under this Act. ] 9. It is clear from the reading of Sections 17 to 21 that outer limit upto the date for deciding the application for retention of property within the meaning of sub-section 4 of Section 21 is 180 days from the date of seizure of any property or records. The said period is not extendable. 10. The person concerned/aggrieved party of such order, is entitled to file the appeal under Section 26 of the Act. The same shall be heard and after giving an opportunity of being heard, the appellant Tribunal shall pass the order either to confirm the order of retention or to modify or setting aside the same. 11. Where the Adjudicating Authority decides by an order confirm the retention under Sub-section (1) of Section 17 or Section 18 for the purpose of continuation during investigation for a period not exceeding ninety days under this Act before the Competent Court, or under the corresponding law of any other countries as the case may be under Sub-section (3 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
