Disposed

FPA-PMLA-2452/PTN/2018 of Danik Lal Mandal @ Bhutali & Anr. v/s The Deputy Director Directorate of Enforcement, Patna

ATFP14 Aug 2018FPA-PMLA-2452/PTN/2018

Case brief

AI extract

What is this about?

This order issues notice under Section 26 PMLA against appeals challenging impugned enforcement orders. The court lists the appeals for final arguments on 11 September 2018 and grants liberty to file affidavits regarding property possession as interim applications.

What did the court decide?

Notice issued; reply to be filed by respondent within six weeks. Appeals listed for final arguments on 11.09.2018.

FPA-PMLA-2452/PTN/2018 of Danik Lal Mandal @ Bhutali & Anr. v/s… — Money Laundering | ATFP (2018)

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APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI

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1. MP-PMLA-4721/PTN/2018 (U.H.) MP-PMLA-4722/PTN/2018 (Stay) FPA-PMLA-2439/PTN/2018
Gajendra Narayan	…	Appellant/Applicant
Versus
The Deputy Director
Directorate of Enforcement, Patna	…	Respondent
2. MP-PMLA-4747/PTN/2018 (U.H.) MP-PMLA-4748/PTN/2018 (Stay) FPA-PMLA-2452/PTN/2018
Danik Lal Mandal @ Bhutali & Anr.	…	Appellant/Applicant
Versus
The Deputy Director
Directorate of Enforcement, Patna	…	Respondent
3. MP-PMLA-4758/PTN/2018 (U.H.) MP-PMLA-4759/PTN/2018 (Stay) FPA-PMLA-2453/PTN/2018
Gudiya Devi	…	Appellant/Applicant
Versus
The Deputy Director
Directorate of Enforcement, Patna	…	Respondent
&
4. MP-PMLA-4764/PTN/2018 (U.H.)
MP-PMLA-4765/PTN/2018 (Stay)
FPA-PMLA-2456/PTN/2018
Smt. Rajanti Devi @ Rajanti Kumari	…	Appellant/Applicant
Versus
The Deputy Director
Directorate of Enforcement, Patna	…	Respondent

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Advocates/Authorized Representatives who appeared

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For the Appellants	: Mr. Puneet Mittal, Senior Advocate
	Mr. Pawan Kumar Mittal, Advocate
	Mr. Abhishek Chauhan, Advocate
For the Respondent	: Mr. Neeraj Atri, Advocate

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FPA-PMLA-2439/PTN/2018, FPA-PMLA-2452-2453/PTN/2018 & FPA-PMLA-2456/PTN/2018

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Page 1 of 3

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CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G. C. MISHRA : MEMBER

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ORDER

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14.08.2018

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FPA-PMLA-2439/PTN/2018, FPA-PMLA-2452-2453/PTN/2018 & FPAPMLA-2456/PTN/2018

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The above mentioned appeals have been filed under Section 26 of the Prevention of Money Laundering Act, 2002 against the impugned order dated 06.07.2018. Issue notice. Mr. Neeraj Atri accepts the notice. Reply be filed by the respondent within six weeks with an advance copy to the learned counsel for the appellant who may file the rejoinder within four weeks thereafter.

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List this appeal for final arguments on 11^th September, 2018.

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As far as the interim applications are concerned, learned counsel for the respondent states that after the service of notice under Section 8(4), possession of immovable and movable properties have been taken. Learned counsel for the appellant is pressing the interim order at present only with regard to property bearing Khata No. 4, Plot No. 58, Thana No. 565, Mauza Ratauna, Circel Dev, District- Aurangabad, Bihar (residential) is one of the immovable properties. According to him, this property is jointly owned by Smt. Rajanti Devi @ Rajanti Kumari (Wife of Vijay Yadav @ Sandeep Yadav @ Rupeshji) and Smt. Gudiya Devi (Wife of Dhanik Lal Mandal @ Bhutali, who is brother of the main accused).

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Learned senior counsel for the appellant states that they are not named in the FIR filed by the prosecution for schedule offence nor any complaints filed under PML Act, 2002. He states that this property was purchased in 2012 from the agricultural income. The statement is also made that in the said property the family were residing.

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Learned counsel appearing on behalf of the respondent states that nobody has been residing in the property. Under these circumstances, let FPA-PMLA-2439/PTN/2018, FPA-PMLA-2452-2453/PTN/2018

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& FPA-PMLA-2456/PTN/2018

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Page 2 of 3

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the respondent may file the Affidavit within two weeks from today. As far as the interim application is concerned, the same be listed on 11^th September, 2018.

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The appellant is also allowed to file the Affidavit along with the proof/document in order to show that owners were residing in the said property.

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The respondent has filed the written synopsis. The copy of the same has been handed over by the learned counsel for the respondent to the learned counsel for the appellant. The appellant is also allowed to file the written synopsis.

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List on 11^th September, 2018.

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Copy of the order be given ‘ dasti ’ to both the parties.

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(Justice Manmohan Singh) Chairman

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(G. C. Mishra) Member

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New Delhi, 14^th August, 2018

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‘AS’

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FPA-PMLA-2439/PTN/2018, FPA-PMLA-2452-2453/PTN/2018 & FPA-PMLA-2456/PTN/2018

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Page 3 of 3

FPA-PMLA-2452/PTN/2018 of Danik Lal Mandal @ Bhutali & Anr. v/s The Deputy Director Directorate of Enforcement, Patna

Case brief

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FPA-PMLA-2452/PTN/2018 of Danik Lal Mandal @ Bhutali & Anr. v/s The Deputy Director Directorate of Enforcement, Patna

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