Disposed

FPA-PMLA-2610/PTN/2018 of Bibha Devi v/s The Deputy Director Directorate of Enforcement, Patna

ATFP28 Nov 2018FPA-PMLA-2610/PTN/2018

Case brief

AI extract

What is this about?

The Tribunal dismissed the urgent appeal against the ERD's non-compliance with an interim order. The ED had issued a notice and suspended the appellant's gas agency without the Tribunal's consent, violating the stay on coercive steps. The Tribunal directed the ED to restore the appellant's business immediately.

What did the court decide?

The application was disposed of; the ED was directed to inform Bharat Petroleum Corporation Ltd to restore the distributionship immediately.

FPA-PMLA-2610/PTN/2018 of Bibha Devi 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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MP-PMLA-5300/PTN/2018 (U.A) FPA-PMLA-2610/PTN/2018

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Bibha Devi … Appellant Versus The Deputy Director Directorate of Enforcement, Patna … Respondent

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Advocates/Authorized Representatives who appeared

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For the appellant : Shri Manish Shukla & Shri Avnish Singh, Advocates For the respondent : Shri A.K. Tripathi, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER

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ORDER 28.11.2018

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MP-PMLA-5300/PTN/2018 (U.A.) & FPA-PMLA-2610/PTN/2018

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The urgent application has been mentioned on behalf of the appellant seeking directions to the respondent ED to immediately withdraw their letter dated 9^th November, 2018 by which they have committed contempt of the orders of this Tribunal (O.C. No. 960/2018).

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Admittedly on 16^th October, 2018 the following order was passed:

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“The appeal is coming up on 18^th October, 2018. In the meanwhile, on 03^rd October, 2018, the respondent has issued the notice under Section 8(4) whereas the impugned order was received by the appellant only on 05^th October, 2018.

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The fresh application has been filed in view of the notice under Section 8(4) of the Act. The reason for interim prayer sought by the appellant are given in para 4 and 5 of the application.

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List this application on 18^th October, 2018.

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In the meanwhile, no coercive steps shallbe taken by the respondent in view of the notice issued under Section

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FPA-PMLA-2610/PTN/2018 Page 1 of 4

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8(4) of the Prevention of Money Laundering Act, 2002 notice dated 03^rd October, 2018.

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Copy of the order be given „dasti‟ to both the parties.”

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On 18^th October, 2018, the following order was also passed:

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The present appeal has been filed u/s 26 of prevention of Money Laundering Act, 2002 against the order dated 18^th September, 2018.

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Issue notice. Mr. Neeraj Atri, Advocate appears on behalf of the Mr. Atul Tirpathi, counsel for the respondent and seeks time to file the reply. Let the reply be filed within six weeks with an advance copy t the counsel for the appellant who may file the rejoinder four weeks thereafter.

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List on 23^rd January, 2019. Interim order passed on 16^th October, 2018 shall continue.

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Order be given dasti to both the parties.”

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The next date of hearing in the main appeal is on 23^rd January, 2019. Despite of the said order a notice under section 8(4) dated 9^th November, 2018 was issued. Thereafter, the letter dated 9^th November, 2018 issued by the ED to Shri Sunil Kumar, Regional Manager, (LPG), BPCL, Muzaffarpur LPG Territory, Muzaffarpur-842005, Bihar.

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The contents of the said order reads as under:-

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F.No. PTZO/02/2018/1639 DATE: 09.11.2018

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To Shri Sunil Kumar, Regional Manaer, (LPG) BPCL, Muzaffarpur LPG Territory, Muzaffarpur-842005 Bihar

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Sub: Investigation under Prevention of Money Laundering Act against Ashok Yadav and others: reg.

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Sir,

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Please refer to this office earlier communication in the matter.

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In this regard, at the time of taking possession of the properties of Smt. Bibha Devi, wife of Ashok Yadav, it is noticed that M/s Sapna Bharat Gas Gramin Vitrak at Bithan, Distt.-Samastipur, Bihar is situated and running on following piece of land:

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FPA-PMLA-2610/PTN/2018 Page 2 of 4

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*Sl.*	*Sale Deed No.*	*Description of Properties*
*No.*
1	9741 dt. 10.11.2009	Bithan, Rosera, Samastipur, 12 Katha 07 dhoor 54 Decmil, Thana No. 343, Khata No. 165-old, 553-new 298-Old, 897-new, Khesra No. – 1658-old, 3638-new, 3632-new, 2658- old, 2680-old, 3634-new
2	8943 dt. 08.11.2010	Bithan, Rosera, Samastipur, 11 dhoor, Thana No. 343, Khata No. 298-old, 897-new, Khesra No. –2658-old, 2680-old, 3634-new
3	8942 dt. 08.11.2010	Bithan, Rosera, Samastipur, 15 dhoor (3.25 Decimal), Thana No. 343, Khata No. – Survey- 285, 783 1247-new, Khesra No. 1660-old, 3633-new
4	8944 dt. 08.11.2010	Bithan, Rosera, Samastipur, 02 Kattha, 14 dhoor (3.25 Decimal), Thana No. 343, Khata No. –285-old, 783-old, 1244-new, Khesra No. 1660-old, 3633-new

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However, the above properties have been attached by the Enforcement Directorate under the provisions of Section 5 of PMLA and this has got the assent of the Hon‟ble Adjudicating Authority, New Delhi under the provisions of Section 8 of the Act. Hence, the above mentioned lands are the properties of Enforcement Directorate, Government of India, and any activity on such property without consent of the Enforcement Directorate is unauthorized and hence illegal.

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In this connection, it is, hereby, requested that permission to run a gas agency unauthorizedly on the land of Government of India may immediately be withdrawn. An action taken, in this regard, may immediately be communicated to this office.”

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On the basis of said letter the agencies of distributionship has been suspended by the BPCL vide order dated 26.11.2018.

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The learned counsel for the appellant states that once the interim order is passed the said action of the respondent is contrary to orders who ought not have written letter dated 9^th November, 2018 as it amounts to taking coercive steps against the appellant.

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FPA-PMLA-2610/PTN/2018 Page 3 of 4

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Counsel for the appellant has informed that the I.O is appraised of this order of the Tribunal.

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The learned counsel for the respondent states that due to communication gap the order dated 16.10.2018 could not be communicated to the ED. It might be possible due to the said reasons, the letter dated 9^th November, 2018 was issued. He agrees to write the letter to the Regional Manager to the BPCL again to cancel the effect of said letter dated 09.11.2018 and the ED shall inform orders passed by this Tribunal to Bharat Petroleum Corporation Ltd. to restore the distributionship immediately. The application is disposed of.

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The order is passed accordingly.

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

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra) Member

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New Delhi, 28^th November, 2018

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‘D’

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FPA-PMLA-2610/PTN/2018 Page 4 of 4

FPA-PMLA-2610/PTN/2018 of Bibha Devi v/s The Deputy Director Directorate of Enforcement, Patna

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FPA-PMLA-2610/PTN/2018 of Bibha Devi v/s The Deputy Director Directorate of Enforcement, Patna

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