FPA-PMLA-1287/DLI/2016 of Sanjeev Tyagi v/s The Deputy Director, Delhi
Case brief
What is this about?
Appeal challenging provisional attachment of property under Section 5 PMLA without a Section 173 CrPC report. Court noted Section 5 amendment allowing immediate attachment if non-attachment frustrates proceedings. Disposed by recording reasons for future hearing.
What the court decided
APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI
Date of Decision: 30th October, 2017
| MP-PMLA-2550/DLI/2016 & FPA-PMLA-1287/DLI/2016 |
Stay | ||
|---|---|---|---|
| Sanjeev Tyagi | … | Appellant | |
| MP-PMLA-2563/DLI/2016 & FPA-PMLA-1310/DLI/2016 |
Stay | ||
| Krishanayan | … | Appellant | |
| MP-PMLA-2613/DLI/2016 & FPA-PMLA-1316/DLI/2016 |
Stay | ||
| Sangeeta Tyagi | … | Appellant | |
| MP-PMLA-2565/DLI/2016 & FPA-PMLA-1311/DLI/2016 |
Stay | ||
| Neel Krish | … | Appellant | |
| Versus | |||
| The Deputy Director, Directorate of Enforcement, |
Delhi | … | Respondent |
Advocates/Authorized Representatives who appeared
| For the appellant | : |
Shri Manav Gupta, Advocate Shri Esha Dutta, Advocate |
|---|---|---|
| For the respondent | : | Shri Vikas Garg, Advocate |
Judgment
| CORAM | |
|---|---|
| JUSTICE MANMOHAN SINGH | : CHAIRMAN |
| SHRI G.C. MISHRA | : MEMBER |
Issues for consideration
3 issues framed by the court
Whether Section 5 of the PMLA permits provisional attachment without a Section 173 report when amendments exist.
Whether the imminence of frustration due to property disposal justifies immediate attachment under Section 5 without prior report.
Whether the judgment in A. Kamarunnisa Ghori applies after the amendment of Section 5 of the PMLA.
Parties & counsel
- appellant
Sanjeev Tyagi and others
- respondent
The Deputy Director, Directorate of Enforcement, Delhi
Coram
Manmohan Singh
Case details
As recorded by the court registry
- Court
- ATFP
- Decided on
- · October
- Case no.
- FPA-PMLA-1287/DLI/2016
- Topic
- Money Laundering
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