TMI Blog2021 (4) TMI 607X X X X Extracts X X X X X X X X Extracts X X X X ..... is petition is disposed of with liberty to the petitioners to remedy available to them in law. - W. P. No. 7819 of 2021 - - - Dated:- 6-4-2021 - HON. Mr. JUSTICE VIVEK RUSIA For the Petitioners : Shri Ravindra Singh Chhabra, Advocate. For the Respondent : Shri Milind Phadke, Assistant Solicitor General, on advance copy. ORDER The petitioners have filed the present petition challeing the provisional attachment order dated 25.2.2021 passed by Dy. Director, Directorate of Enforcement, Ministry of Finance, New Delhi, against respondent No.3 and seeking release of public amenities such as road, garden, STP plant, club, electricity grid, etc. from the purview of the aforesaid attachment order. 2. According to the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cuted the sale-deeds in favour of the petitioners in respect of the plots situated in the colony viz. Empire Wild Flower Colony, but in the provisional attachment proceedings, only the list of 98 plot-owners were disclosed, therefore, while passing the order of provisional attachment, the total area 18233 Sq.mtrs. has been excluded out of total area of the project i.e. 22,815 Sq.mtrs. But, there is no such pleading to this effect in the entire writ petition. 4. Shri Milind Phadke, learned Assistant Solicitor General appearing for respondent No.1, Union of India, submits that the Dy. Director has passed the impugned order in exercise of powers conferred under second proviso to sub-section (1) of Section 5 of the Prevention of Money-launde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceeds of crime are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of crime under this Chapter, he may, by order in writing, provisionally attach such property for a period not exceeding one hundred and eighty days from the date of the order, in such manner as may be prescribed: Provided that no such order of attachment 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 that Schedule, before a Magistrate or court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay be prescribed. (3) Every order of attachment made under sub-section (1) shall cease to have effect after the expiry of the period specified in that sub-section or on the date of an order made under 4[sub- section (3)] of section 8, whichever is earlier. (4) Nothing in this section shall prevent the person interested in the enjoyment of the immovable property attached under sub-section (1) from such enjoyment. Explanation.--For the purposes of this sub-section, person interested , in relation to any immovable property, includes all persons claiming or entitled to claim any interest in the property. (5) The Director or any other officer who provisionally attaches any property under sub-section (1) shall, within a perio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r sub-section (1); (b) hearing the aggrieved person and the Director or any other officer authorised by him in this behalf; and (c) taking into account all relevant materials placed on record before him, by an order, record a finding whether all or any of the properties referred to in the notice issued under sub-section (1) are involved in money-laundering: Provided that if the property is claimed by a person, other than a person to whom the notice had been issued, such person shall also be given an opportunity of being heard to prove that the property is not involved in money-laundering. (3) Where the Adjudicating Authority decides under sub- section (2) that any property is involved in money-laundering, he shall, by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ake possession of a property frozen under sub-section (1A) of section 17, the order of confiscation shall have the same effect as if the property had been taken possession of.] (5) 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 moneylaundering or which has been used for commission of the offence of money-laundering shall stand confiscated to the Central Government. (6) Where on conclusion of a trial under this Act, the Special Court finds that the offence of moneylaundering has not taken place or the property is not involved in money-laundering, it shall order release of such property to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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