FPA-PMLA-1311/DLI/2016 of Neel Krish v/s The Deputy Director, Delhi
Case brief
What is this about?
Held that a High Court judgment relying on pre-amendment Section 5 of PMLA regarding evidentiary requirements for provisional attachment orders has no bearing on the present case due to statutory amendments. Appellants granted further opportunity to argue issues at final hearing. Pending appeal listed for February 2018.
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 a provisional attachment order under Section 5(1) of PMLA valid if no report under Section 173 Cr.P.C. was filed at the time.
Whether reasons recorded for immediate attachment under second proviso were sufficient.
Whether amendment to Section 5 invalidates attachment orders made before the judgment date.
Parties & counsel
- appellant
Sanjeev Tyagi
- appellant
Krishanayan
- appellant
Sangeeta Tyagi
- appellant
Neel Krish
- respondent
The Deputy Director, Delhi
Case details
As recorded by the court registry
- Court
- ATFP
- Decided on
- · October
- Case no.
- FPA-PMLA-1311/DLI/2016
- Topic
- Money Laundering
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