TMI Blog2022 (5) TMI 1043X X X X Extracts X X X X X X X X Extracts X X X X ..... it is crystal clear that if the adjudicating authority is having reason to believe that any person has committed the offence under section 3 or in possession of the proceeds of crime as on the date of registration of the case is made out, the competent authority is empowered to register the case under the provisions of the said Act - In the case in hand, the disputed questions of fact are involved. The petitioner has already filed a title suit with regard to the property in question which is still pending. The learned counsel for the Enforcement Directorate has contended that notices have been issued which has been disputed by the petitioner. It appears that the petitioner is third party and if third party is involved, in the statute care has been taken to adjudicate the same in light of section 9 of the said Act and the Special court is empowered to exercise that. Section 26 of the Act also speaks to file appeal if any person is aggrieved by the order made by the adjudicating authority under the Act - Section 26 of the Act also speaks that any person can file appeal before the Appellate Tribunal. So far the judgment relied by Mr. Kalyan Roy, the learned counsel appearing on be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the petitioner submits that by virtue of an agreement this petitioner has come into possession of the property in question from the year 1991 itself and the petitioner has purchased the property in question by a sale deed dated 04.8.1993 in the name of his wife. He submits that due to family dispute the wife of this petitioner has deserted and thereafter she sold the property in question to one Pawan Kumar Singh by a sale deed dated 08.9.2005. He submits that said Pawan Kumar Singh is an accused in a case of money laundering and was facing the complaint with regard to ECIR/02/PAT./2012. He further submits that pursuant to that proceeding, the petitioner has been directed to vacate the premises in question. He submits that this notice has been issued without hearing the petitioner. He further contends that the provisional attachment order was passed in view of section 6 on 05.02.2021 in Original Complaint No.1344/2020 and in that complaint, by order dated 05.02.2021 provisional order of attachment was passed and in provisional attachment order also the petitioner was not heard. He further submits that for the property in question Title Suit being Title Suit No.212/2005 has been f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he order if the principles of natural justice is not followed. 5. Per contra, Mr. Amit Kumar Das, the learned counsel appearing on behalf of the Enforcement Directorate submits that eviction notice was issued on 05.04.2021 by speed post to the concerned party and given 10 days opportunity to vacate the premises for taking possession of immovable property under sub-section (4) of section 8 of the said Act and the same has been delivered on 12.04.2021. He submits that after lapse of 10 days in light of the notice, the possession of immovable property has been taken. It is further submitted that during course of taking possession of the property in question it was found that the petitioner was unauthorisedly occupied the premises being holding no.2154/A/228, MIG House No.M-28 situated at Mauza Bariatu Booty Road, Ranchi. He submits that the property in question is in the name of late Pawan Kumar Singh, son of Shiv Daras Singh, erstwhile Director of M/s Classic Coal Construction Pvt. Ltd.He further submits that respondent nos.7 to 9 (now, 6 to 8) are the legal heirs and successors of late Pawan Kumar Singh. He submits that this Pawan Kumar Singh has purchased the property from the w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... allenged the very show cause notice and the attachment order passed. The writ petitioners are bound to submit their statements, documents to the respondents to establish their innocence at the first instance, so as to avoid further proceedings under the provisions of the Prevention of Money Laundering Act, 2002. Equally, the respondents are also bound to follow the procedures contemplated under the Act, by providing a reasonable opportunity to the writ petitioners to submit their defence and establish their case before the Competent Authorities. 68. The judgments cited by the learned counsel for the writ petitioners with reference to the merits of the case deserves no consideration in view of the fact that this Court has considered the ground of maintainability of the writ petitions with reference to the PMLA Act and with reference to the stage in which the present writ petitions are filed. Thus, all those judgments referred by the learned counsel for the writ petitioners have no relevance with reference to the grounds considered in the present writ petitions. 69. Accordingly, this Court has no hesitation in coming to the conclusion that the present writ petitions are not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which is read as under: 8. Adjudication.-( 1) On receipt of a complaint under sub-section (5) of Section 5, or applications made under sub-section (4) of Section 17 or under sub-section (10) of Section 18, if the Adjudicating Authority has reason to believe that any person has committed an [offence under Section 3 or is in possession of proceeds of crime], it may serve a notice of not less than thirty days on such person calling upon him to indicate the sources of his income, earning or assets, out of which or by means of which he has acquired the property attached under sub-section (1) of Section 5, or, seized [or frozen] under Section 17 or Section 18, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties should not be declared to be the properties involved in money-laundering and confiscated by the Central Government: Provided that where a notice under this sub-section specifies any property as being held by a person on behalf of any other person, a copy of such notice shall also be served upon such other person: Provided further that where such property is held jointly by more than o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Provided that if it is not practicable to take possession of a property frozen under sub-section (1-A) 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 moneylaundering has been committed, it shall order that such property involved in the money-laundering 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 trail under this Act, the Special Court finds that the offence of money-laundering has not taken place or the property is not involved in moneylaundering, it shall order release of such property to the person entitled to receive it. (7) Where the trial under this Act cannot be conducted by reason of the death of the accused or the accused being declared a proclaimed offender or for any other reason or having commenced but could not be concluded, the Special Court shall, on an application moved by the Director or a person claiming to be entitled to possession of a property in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... light of section 9 of the said Act and the Special court is empowered to exercise that. Section 26 of the Act also speaks to file appeal if any person is aggrieved by the order made by the adjudicating authority under the Act. Thus, there are two remedies available to the petitioner under the Act. In light of subsection 7 of section 8 of the said Act if any person is absconder and has left for his heavenly abode, the Director or any aggrieved person is entitled to move before the Special court and section 9 of the said Act may not have come into play at this stage, however, looking to subsection 7 of section 8 of the said Act it appears that the petitioner is having remedy to approach the Special court wherein it has been prescribed that a person claiming to be entitled to put in possession of a property in respect of which an order has been passed under sub-section 3 of section 8 regarding confiscation or release of the property, as the case may be, involved in the offence of money laundering, can move before the Special court. Subsequently, one I.A. has been filed for restoration of possession and in view of that I.A. also, the petitioner is having right to move before the Specia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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