“11. There can be no dispute as to the fact that in the present case the Application filed has not disclosed any search and seizure having been carried out in terms of Section 17(1) of PMLA. No specific search is referred to. No seizure memo and/or Panchnama and/or order or freezing in terms of section 17(1-A) is filed in the Application and produced before this Authority. The provisions of section 17(1-A) provides that where it is not practicable to seize such record or property, the officer authorised under sub-section 1 (of section 17), may make an order to freeze such property, whereupon the property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and copy of such order shall be served on the person concerned. It is contended by the several respondents that they have not been served with any copy of order of freezing in terms of section 17 (1-A). What is pointed out and relied upon by the Applicant are the intimations sent to the different banks, where the respective respondent have their bank accounts. Their contentions as to non-receipt/non-service of the communication regarding non-allowing of the debit in the bank account, would not survive as there is no action under section 17 (1-A). The provisions of section 17(4) indicates that the authority seizing any record or property under sub section 1 (of section 17) or freezing any record or property under sub section 1-A within a period of 30 from such seizure or freezing as the case may be, file an application requesting or retention of such record or property seized under section 1 or from continuation of the order of freezing served under section 17 (1-A) before the Adjudicating Authority. Thus the provision envisages and requires in the first instance a search or seizure carried out under section 17(1) or an order of freezing under section 17(1-A) of PMLA. As pointed out earlier, in the instance case there is neither a search carried out in terms of section 17(1) or freezing in terms of section 17(1-A).”
