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TMI Blog2022 (10) TMI 1148X X X X Extracts X X X X X X X X Extracts X X X X ..... confirming the order dated 01.02.2022 passed by the 1st respondent in PAO No.01/2022 in ECIR/CEZO-II/04/2019, this writ petition has been filed. 2. The minimum facts that are required for deciding this writ petition are as under : 2.1. The CBI, Banking Security and Fraud Cell, Bangalore, registered a case in FIR No.20 dated 16.10.2018 for the offences under Sections 406, 420, 468, 471 read with 120-B IPC against Cethar Ltd. and others, based on the complaint given by the Deputy General Manager, Indian Bank, Trichy Zone. 2.2. Since the FIR registered by the CBI disclosed the commission of a scheduled offence under the Prevention of Money-Laundering Act, 2002, (in short "PML Act"), the Enforcement Directorate registered a case in ECIR No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioners to approach the Appellate Tribunal and instead, they could approach this Court under Article 226 of the Constitution of India. In support of this contention, Mr.V.Ramesh placed strong reliance on the judgment of the Supreme Court in Vijay Madanlal Choudhary and others vs. Union of India and others [2022 SCC OnLine SC 929]: Rectifications see this below [1] "57. It has also been argued that Section 50 infringes upon the right to liberty of a person summoned under the Act and violates the right against self-incrimination. The non-compliance with Section 53 is penalized through Section 63 of the PMLA. The learned counsel has adopted the arguments made by other learned counsel in reference to Tofan Singh vs. State of Tamil Nadu (20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e portion of the impugned order, wherein, it is stated as follows : ".... It may be mentioned here that the statutory limitation period for passing of order under Section 8(3) has expired in this case on 30.07.2022, in view of the order dated 10.01.2022 of the Hon'ble Supreme Court of India read with orders dated 23.03.2020, 08.03.2021, 27.04.2021, 23.09.2022 & 10.01.2022 of the Hon'ble Supreme Court of India, this order is being passed within the extended time limitation period." He contended that in the light of the order of the Supreme Court extending the period of limitation in the COVID-19 pandemic period, the period of limitation fixed in Section 5(1) of PML Act, got automatically extended. 7. In reply, Mr.V.Ramesh contend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eme Court website, which are corresponding to paragraph nos.287 and 291 of the judgment in the same case available in SCC OnLine Web Edition, whereas, paragraph no.57 of the judgment in the SCC OnLine Web Edition, has been extracted in paragraph no.4 of the order dated 13.10.2022. 3. Accepting the aforesaid submission, we direct the Registry to incorporate paragraph nos.287 and 291 of the judgment in Vijay Madanlal Choudhary and others vs. Union of India and others available in 2022 SCC OnLine SC 929, which read as under, instead of paragraph no.57 of the said judgment, which has been extracted in paragraph no.4 of the order dated 13.10.2022, and issue fresh order copy: "287. Be that as it may, as aforesaid, sub-section (1) delineates su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Adjudicating Authority (appointed under Section 6(1) of the 2002 Act, headed by, amongst other, person qualified for appointment as District Judge), in a sealed envelope under Section 5(2), which is required to be retained by the Adjudicating Authority for the period as prescribed under the rules framed in that regard. This ensures the fairness in the action as also accountability of the Authority passing provisional attachment order. Further, in terms of Section 5(3), the provisional attachment order ceases to operate on the date of an order passed by the Adjudicating Authority under Section 8(3) or the expiry of the period specified in sub-section (1), whichever is earlier. In addition, under Section 5(5) the authorised officer is oblig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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