FPA-PMLA-2438/IDR/2018 of Deputy Director, Ed, Indore v/s M/s. Bla Industries Pvt. Ltd.

APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

MP-PMLA-4720/IDR/2018 Stay FPA-PMLA-2438/IDR/2018

Deputy Director, ED, Indore … Appellant

Versus

M/s. BLA Industries Pvt. Ltd.

… Respondent

Advocates/Authorized Representatives who appeared

For the Appellant : Mrs. Shilpi S. Satyam, Advocate For the Respondent : Mr. Vijay Agarwal & Shivansh Gupta, Advocates CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN

ORDER 27.08.2018

MP-PMLA-4720/IDR/2018 Stay & FPA-PMLA-2438/IDR/2018

1. Fresh appeal has been filed under Section 26 of Prevention of Money Laundering Act, 2002 against the order dated 20^th June, 2018. The admitted position is that the property was attached by passing the provisional order under section 5(1) by invoking second proviso of section 5 of the Act as no report under section 173 of CRPC has been filed. There is no denial that when the provisional attachment order was passed, no charge sheet filed in the matter. The learned counsel for the respondent states that there is no valid compliance of the second proviso under Section 5(1) of the Act by passing the order of reasons to believe as required by law.