Allowed

FPA-PMLA-1504/BNG/2016 of Aisha Naheed v/s The Deputy Director Directorate of Enforcement, Bangalore

ATFP12 Oct 2018FPA-PMLA-1504/BNG/2016

Case brief

AI extract

What is this about?

This single-judge order allowed two appeals filed by the husband and wife against a procedural stay and attachment order under the PMLA. The court noted that the main accused had been acquitted and discharged in the underlying trial, with the acquittal having become final as no state appeal was filed.

What did the court decide?

Impugned order dated 22.09.2016 set-aside; provisional attachment order quashed; properties released forthwith.

FPA-PMLA-1504/BNG/2016 of Aisha Naheed v/s The Deputy Director… — Money Laundering | ATFP (2018)

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APPELLATE TRIBUNAL FOR SAFEMA, FEMA, PMLA, NDPS & PBPT ACT AT NEW DELHI

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Date of Decision : 12.10.2018

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(1) MP-PMLA-2819/BNG/2016 (Stay) MP-PMLA-2820/BNG/2016 (Misc)

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FPA-PMLA-1500/BNG/2016 Syed Mobin … Appellant/Applicant Versus The Deputy Director Directorate of Enforcement, Bangalore … Respondent

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(2) MP-PMLA-2866/BNG/2016 (Stay) MP-PMLA-2867/BNG/2016 (Misc) & FPA-PMLA-1504/BNG/2016

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Aisha Naheed … Appellant/Applicant Versus The Deputy Director Directorate of Enforcement, Bangalore … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant : Mr. Abdul Azeem Kalebudde, Advocate For the respondent : Ms. Shilpi Satyapriya Satyam, Advocate

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CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN

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JUDGEMENT

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FPA-PMLA-1500 & 1504/BNG/2016

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I have heard the learned counsel for both the parties. The admitted position is that Sri Syed Mobin, the main accused has been acquitted on 1^st April, 2017 in Special Case no. 5/2015 by the Special Judge (Lokayukta) & Principal Session Judge, Kalaburagi after trial. Smt. Aisha Naheed is wife of Sri Syed Mobin.

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FPA-PMLA-1500 & 1504/BNG/2016

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Page 1 of 2

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I have been informed that no appeal against the acquittal order was filed by the State against the final Judgement passed by the Special Court in the schedule offence. The said Judgement has attained finality between the parties.

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Both the husband and wife were also arrayed as respondent in the PMLA complaint which was pending before the Court of III Addl. District and Sessions Judge, D.K., Mangaluru, who by Order dated 10^th August, 2018, has allowed the application filed by them under Section 227 of the Criminal Procedure Code and both were discharged from the offence punishable under Section 3, read with Section 4 of the Prevention of Money Laundering Act, 2002. Thus, there is no need to go into the merit of the case.

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Once the main accused in the schedule offence as well as the complaint under the PMLA has been discharged and the said final judgement has not been challenged by the respondent in the higher court, the appeals are liable to be allowed. Both the appeals are accordingly allowed.

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In view of the above, the impugned order dated 22.09.2016 with regard to the above mentioned two appeals are set-aside. Consequently, the provisional attachment order is also quashed. The properties attached are released forthwith.

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(Justice Manmohan Singh) Chairman

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New Delhi, 12^th October, 2018

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‘skb’

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FPA-PMLA-1500 & 1504/BNG/2016

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FPA-PMLA-1504/BNG/2016 of Aisha Naheed v/s The Deputy Director Directorate of Enforcement, Bangalore

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FPA-PMLA-1504/BNG/2016 of Aisha Naheed v/s The Deputy Director Directorate of Enforcement, Bangalore

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