TMI Blog2023 (3) TMI 132X X X X Extracts X X X X X X X X Extracts X X X X ..... der of attachment made under Sub-Section (1) of Section 5 which is the subject matter of proceedings under Section 8 shall cease to have effect after expiry of 180 days or on the date of an order made under Sub-Section (3) of Section 8, whichever is earlier. Insofar the concern of the Enforcement Directorate pertaining to the overall limitation of 180 days is concerned, the 3rd proviso to Sub-Section (1) of Section 5 clearly protects the interest of the Enforcement Directorate. While computing the period of 180 days, the period during which proceedings under Section 5 is stayed by the High Court shall be excluded and thereafter a further period not exceeding 30 days shall be counted to arrive at the figure of 180 days. The direction of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the ground that they are proceeds of crime. In the meanwhile, show cause notices under Sub-Section (1) of Section 8 of PMLA have been issued to Respondent Nos.1 to 29. 4. It was at that stage that respondent Nos.1 to 29 filed the related writ petition seeking extension of time for preparation of reply to the show cause notices by a further period of two months with the clarification that such extended period of two months should be excluded from the period of 180 days contemplated under Sub-Section (3) of Section 5 of PMLA. 5. Learned Single Judge after adverting to the relevant facts and pleadings in detail held as follows: 20. In view of the above said discussion, this court is also inclined to extend time to the petitioners ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the learned Single Judge is liable to be suitably interfered with by the Division Bench. 7. On the other hand, Mr. Avinash Desai, learned Senior Counsel for respondent Nos.1 to 29/writ petitioners submits that as observed by the learned Single Judge, no prejudice is caused to the appellant in the event of extension of time granted by the learned Single Judge. Such extension of time is only to aid the cause of justice so as to enable respondent Nos.1 to 29 to file effective reply to the show cause notices since a large number of properties have been provisionally attached which would require a great deal of explanation. 8. On a query by the Court that since the period of two months granted by the learned Single Judge is almost ove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ub-Section (3) of Section 8, whichever is earlier. 9.2. As per the mandate of Sub-Section (5), the Director or any other officer who has provisionally attached the property under Sub-Section (1) of Section 5 shall, within a period of thirty days from such attachment, file a complaint before the adjudicating authority. 10. This brings us to Section 8 of PMLA dealing with adjudication. As per Sub-Section (1), on receipt of a complaint under Sub-Section (5) etc., if the adjudicating authority has reason to believe that any person has committed an offence under Section 3 (offence of money laundering) 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice issued under Sub-Section (1) of Section 8 of PMLA though it has to be borne in mind that under Sub- Section (3) of Section 5 every order of attachment made under Sub-Section (1) of Section 5 which is the subject matter of proceedings under Section 8 shall cease to have effect after expiry of 180 days or on the date of an order made under Sub-Section (3) of Section 8, whichever is earlier. 12. Insofar the concern of the Enforcement Directorate pertaining to the overall limitation of 180 days is concerned, we are of the view that the 3rd proviso to Sub-Section (1) of Section 5 clearly protects the interest of the Enforcement Directorate. While computing the period of 180 days, the period during which proceedings under Section 5 is s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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