Partly allowed

FPA-PMLA-1460/JL/2016 of Dr. Swarn Singh, IAS (Retd.) v/s The Joint Director Directorate of Enforcement, Jalandhar

ATFP28 Oct 2016FPA-PMLA-1460/JL/2016

Case brief

AI extract

What is this about?

Dr. Swarn Singh and his wife appealed against an order by the Adjudicating Authority under the Prevention of Money Laundering Act. The Tribunal accepted the maintainability of the appeal, issued notice, and allowed time for submission of reply and documents.

What did the court decide?

Notice issued to respondent; time granted for reply and rejoinder.

FPA-PMLA-1460/JL/2016 of Dr. Swarn Singh, IAS (Retd.) v/s The… — Money Laundering | ATFP (2016)

¶1

APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

¶2

FPA-PMLA-1460/JL/2016

¶3

Dr. Swarn Singh, IAS (Retd.) … Appellant/Applicant

¶4

Versus

¶5

The Joint Director Directorate of Enforcement, Jalandhar … Respondent

¶6

Advocates/Authorized Representatives who appeared

¶7

For the appellant	:	Dr. Swarn Singh, IAS (Retd.), Appellant
For the respondent	:	Shri Shaijan C.George, Advocate
CORAM
JUSTICE MANMOHAN SINGH	:	CHAIRMAN
SHRI G.C. MISHRA	:	MEMBER
SHRI B.K. BANSAL	:	MEMBER

¶8

ORDER 28.10.2016

¶9

FPA-PMLA-1460/JL/2016

¶10

Two appellants, namely, Dr. Swarn Singh, IAS (Retd.) and Smt. Amarjit Kaur, w/o Dr. Swarn Singh have filed an appeal under section 26 of Prevention of Money Laundering Act, 2002 against the order dated 21^st July, 2016 passed by the Adjudicating Authority. The appellant no. 1 is the husband of appellant no. 2. who appears in person at the time of considering the appeal. He submits that there is no conflict of interest between him and his wife with regard to the movable and immovable property. Her name is not mentioned in the FIR. She has one of the movable assets i.e. Rs. 4,81,556.05 with HDFC Bank, Mohali which accordingly to appellant is not proceeds of crime. Considering the above

¶11

FPA-PMLA-1460/JL/2016

¶12

Page 1 of 2

¶13

facts and circumstances the appeal filed by both the appellants is maintainable.

¶14

Issue notice to the respondent. The learned counsel for the respondent accepts notice and seeks time to file the reply. Let the same may be done within six weeks with an advance copy to the counsel for the appellant who may file the rejoinder within four weeks thereafter.

¶15

In the meanwhile, the counsel for the respondent is agreeable to file the copies of the documents/pleadings which were available/filed before the Adjudicating Authority for the purpose of making the submission at the time of hearing of the appeal.

¶16

List on 10^th March, 2017.

¶17

(Justice Manmohan Singh) Chairman

¶18

(G.C. Mishra) Member

¶19

(B.K. Bansal) Member

¶20

New Delhi,

¶21

28^th October, 2016

¶22

‘d’

¶23

FPA-PMLA-1460/JL/2016

¶24

Page 2 of 2

FPA-PMLA-1460/JL/2016 of Dr. Swarn Singh, IAS (Retd.) v/s The Joint Director Directorate of Enforcement, Jalandhar

Case brief

What is this about?

What did the court decide?

FPA-PMLA-1460/JL/2016 of Dr. Swarn Singh, IAS (Retd.) v/s The Joint Director Directorate of Enforcement, Jalandhar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases