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TMI Blog2022 (11) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... 2270/2022. In both these cases common question of law which arose for consideration is whether for the purpose of taking possession of the property attached under Section 5 or frozen under sub-section 1-A of Section 17 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as PMLA), the Director or any other officer authorized by him has to wait for the expiry of the period of limitation for filing appeal against the attachment order that has been confirmed in terms of sub-section (3) of Section 8 of the PMLA for taking its possession in terms of Section 8(4) of the PMLA. 2) The learned Writ Court has vide the impugned judgments answered the aforesaid question in negative by holding that the Director or the authorized off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der of the aforesaid two properties was issued by the competent authority i.e., Deputy Director Enforcement Directorate, Jammu on 31st March, 2022. The said attachment order was confirmed by the competent authority in terms of its order dated 16th September, 2022. After passing of the aforesaid order of confirmation of provisional attachment in terms of Section 8(3) of the PMLA by the Adjudicating Authority, notice dated 23.09.2022 was issued by the Assistant Director, Directorate of Enforcement, Jammu, in exercise of its powers under Section 8(4) of the PMLA, whereby the appellants were directed to vacate the attached properties within ten days of receipt of the notice. Two separate notices were issued to the appellants and the same became ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rely on the basis of confirmation of provisional attachment order, should be an exception and not a rule. It is urged that there were no exceptional circumstances prevailing in the instant case, as such, taking of action in terms of Section 8(4) of the PMLA by the respondents cannot be countenanced in law. 9) There is no dispute to the legal position that the Supreme Court in Vijay Mandal Choudhary's case (supra) has upheld the vires of the provisions contain in Section 8(4) of the PMLA. The said provision authorizes the Director or any other officer to take possession of the property regarding which provisional order of attachment has been confirmed. As per the Rule 5(2) of the Prevention of Money Laundering (Taking Possession of Attached ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ely upon passing of the order of attachment by the Adjudicating Authority. There is no scope to interpret the provisions contained in Section 8(4) and Section 26 of the PMLA and Rule 5(2) of the Rules of 2013 to hold that for taking action under Section 8(4) of the PMLA, the authorized officer has to await the expiry of period of limitation i.e., 45 days. 11) The order of confirmation of attachment passed by the Adjudicating Authority is just like a decree of a civil court which becomes executable the moment it is drawn. Just like execution of a decree of civil court is not to await the period of limitation for filing an appeal before the appellate court, similarly, an order passed under Section 8(3) of the PMLA is to be acted upon immedia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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