TMI Blog2019 (9) TMI 938X X X X Extracts X X X X X X X X Extracts X X X X ..... t Gupta And ShriJayant Mohan Verma, Advocates For The Respondent : ShriAmitMahajan, Advocate/Standing Counsel Shri NiteshRana, Advocate along with I.O. ORDER FPA - PMLA - 3000 / DLI / 2019, MP - PMLA - 5956 / DLI / 2018 ( Stay ) MP - PMLA - 6287 / DLI / 2019 1. The urgent application was mentioned by the learned counsel for the appellant at 11.00 am. on the basis of receipt of notice under section 8(4) of the Act. 2. At 1.00 O‟clock the learned counsel for the appellant has again mentioned the matter and stated that he has taken the consent from Mr. Rana about the listing of the application at 2.30 p.m. 3. The application has taken up at 2.30 p.m, apart from the submission made by the learned counsel for the appellant, the learned Senior Counsel has pointed out that press reporting dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bunal who shall not be bound by the procedure laid down by Code of Civil Procedure, but shall be guided by the principles of natural justice and subject to the other provisions of this Act. The Appellate Tribunal shall have powers to regulate its own procedure. One of the main objects and reasons of this Act is to confiscate of proceeds of crime apart to the criminal liability if the accused has committed under the provisions of this Act and schedule offense. Thus, the jurisdiction of this Tribunal exists till the time final order is passed by the Special Courts. No doubt, if a valid case is made by ED, the proceeds of crime is to be preserved so that after final order, it should be confiscated for the benefit of Stateor subject to other condition if the person concerned is likely to conceal the proceed of crime as per material placed on record, even the possession of property can also be taken under the provisions of the Act. 5. Before this Act came into existence, it has been noticed that person concerned used to dispose of proceeds of crime till the time final orders are passed under the Schedule Offence. Therefore, in order to secure the proceeds of crime, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the person concerned‟ in order to frustrate the trial under PMLA. 10. It is argued on behalf of appellant that the aforesaid Notice under Section 8(4) PMLA issued to the Appellantin the end of July, 2019 and during the pendency of the appeal which is listed for hearing a month later, on 04.09.2019. It is stated that the said Act is purely a mala fide exercise of as there is no cause or reason to issue the aforesaid Notice after 4 months from the date of filing of the appeal, except the untenable contents of the aforesaid notice that the Respondent ED is authorized to take the possession of the said premises under Section 8(4) of the PMLA and the aforesaid notice which amounts to depriving the Appellant of his legitimately acquired property, which has no connection whatsoever with the false predicate case registered by the CBI or the instant proceedings by the ED. 11. It is also stated that, till date, neither a charge-sheet has been filed by the CBI in the alleged predicate offence nor a complaint has been filed by the ED in the proceedings under PMLA. Therefore, issuance of the aforesaid Notice to deprive the Appellant of his propert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he interim application was filed by the respondent despite of order dated 23.4.2019 when six weeks time was granted. d) The appellant is the owner of only fifty percent undivided share in the said property. e) The immovable property attached bearing no.115-A, Block 172, JorBagh, New Delhi-110003 is also enjoyed by wife and daughter of the appellant. Father and mother (who is senior advocate and senior citizens) are also residing in the said premises. f) The appeal is already coming up for final hearing on 4th September, 2019. g) There is no evidence to show that the said property was acquired from the proceed of crime. There is also no evidence that the appellant is likely to dispose of property in order to frustrate the PMLA proceedings. 17. Mr. AmitMahajan admits that the proceedings of PMLA were initiated by invoking the section proviso of Section 5(1) of the Act. The same are reproduced herebelow:- 5. Attachment of property involved in money-Laundering.- (1) Where the Director or any other officer not below the rank of Deputy Director authorised by the Director ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
