TMI Blog2019 (9) TMI 1033X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant in view of the section 8(3)(a) of PMLA-2002 when the prosecution complaint was not filed within 90 days. The provision of Section 8(3) read with 8(3)(a) of the PMLA clearly provides that the attachment order of Adjudicating Authority shall continue during investigation for a period not exceeding of 90 days or pendency of proceedings relating to any offence under this act before a court. Admittedly, in the present case, there was no pendency of any proceedings relating to any offence under this act before a court within 90 days from the date impugned order. Appeal allowed. - MP-PMLA-5244/GOA/2018 (Stay) And FPA-PMLA-2700/GOA/2018 - - - Dated:- 20-9-2019 - Justice Manmohan Singh Chairman And Shri G.C. Mishra Member ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. On the basis of above, ECIR was registered by ED on 12.09.2016 in which the present appellant was not named. After the investigation, the Enforcement Directorate attached the immovable property in question of the appellant i.e. Flat bearing no. 1/SE-1-2, admeasuring 324 sqr. mtr. of super built area on the 7th floor of building no. 1 of Models Marine Vistas alongwith proportionate undivided share of land corresponding to the said flat and the same was brought for a total consideration of ₹ 4.15 Crores vide deed of sale executed on 18.02.2016. In terms of Section 2(1) (u) of PMLA, 2002 the said property to the extent of ₹ 122.75 lakhs constitute value of the proceeds of crime and hence, the said property to the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... secution complaint could not be filed as there was stay order dated 10.08.2018 passed by Hon‟ble High Court Delhi, on the implementation of the order of ld. Adjudication Authority. It is further contended by ld. Counsel for the respondent that the final order in the W.P. was passed on 05.02.2019 and they have filed the prosecution complaint on 03.05.2018 before the Special Court, (PMLA), Mapusa, Goa. 8. It is also the contention of the ld. Counsel for the respondent that the order of the Hon‟ble High Court staying the implementation of the order of Adjudicating Authority also cover the present appellant and his property attached herein, therefore no action could be taken for filing prosecution complaint against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he shall, be an order in writing confirm that attachment of property made under subsection (1) of Section 5 or retention of property or [record seized or frozen under section 17 or section 18 and record a finding to that effect, whereupon such attachment or retention or freezing of the seized or frozen property] or record shall- (a) Continue during [investigation for a period not exceeding ninety days or] the pendency of the proceedings relating to any [offence under this Act before a court or under the corresponding law of any other country, before the competent court of criminal jurisdiction outside India, as the case may be; and] 12. The aforesaid provision clearly provides that the attachment order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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