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2019 (8) TMI 264

..... by amendment of the provision of Section 8(3)(a) only on 19.04.2018. The said amendment was prospective and no retrospective effect can be given. It may be another plea of the appellant that the prosecution complaint ought to have been filed within the period of 180 days as prescribed under the Act from the date of attachment - The said arguments were never addressed by any of the parties. The order was reserved with the understanding that after amendment carried out on 19.04.2018, no prosecution complaint has been filed within the period of 90 days. The same is not the position of the present case. It has only come to notice to this Tribunal once the written-submission is filed by the respondent. Both the parties are directed to argue the .....

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..... khs, respectively, to the Branch Manager, Sh. Vineet Gupta. Further, on 20.11.2016,MohitGarg has given one gold bar each toVineet Gupta and ShobhitSinha, both Axis Bank officials. 3.1 Delhi Police intercepted three persons namely (1) Devendra Kumar Jha,(2) MohitGarg& (3) Raj Kumar Sharma on 22.11.2016 carrying huge amount of demonetized Currency Notes while travelling in white Honda City car number DL2FV-0036. The persons and car was searched by Delhi Police in which four bags containing notes of ₹ 1000 totaling to ₹ 3.70 Crores were recovered. On interrogation these persons disclosed that they were indulged in the illegal activity of exchange of old demonetized currency into new currency with the conspiracy and collusion of .....

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..... A filed on 1.2.2017.Charge framed against the said accused persons on 22.12.2017. 3.7 Provisional Attachment Order dated 27.1.2017 was confirmed by the Adjudicating Authority on 31.05.2017. 4. On 18.2.2017, five gold bars weighing each one kg and five piece of diamond recovered and seized from the premises of Sh. AnirudhAgarwal(Appellant herein) under the provision of section 17 of PMLA,2002. 5. OA No. 78/2017 was filed on 17.03.2017 before AdjudicatingAuthority for retention of seized valuables under section 17(4) of PMLA.OA No 78/2017 was confirmed by Adjudicating Authority PMLA and permitted to retain the property till the pendency of investigation by order dated 14.06.2017. 6. Supplementary Prosecution Complaintwas filed on 30.03.2018 a .....

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