Single judge order at FPA Tribunal observed that investigation report was not filed despite directions regarding seized documents retention under PMLA. Issue notice to respondent for reply.
Issue notice; reply to be filed within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APPELLATE TRIBUNAL FOR SAFEMA, FEMA, PMLA, NDPS & PBPT ACT AT NEW DELHI
FPA-PMLA-2683/CHD/2018
Jai Bhagwan S/o Shiv Kumar … Appellant Versus The Deputy Director Directorate of Enforcement, Chandigarh … Respondent
Advocates/Authorized Representatives who appeared
For the appellant : Dr. Rao, P.S. Girwar, Advocate For the respondent : Ms. Shilpi Satyapriya Satyam, Advocate
CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN
ORDER 03.12.2018
FPA-PMLA-2683/CHD/2018
Fresh appeal has been filed under section 26 of Prevention of Money Laundering Act, 2002 against the order dated 6th September, 2018. The learned counsel for the appellant has referred page 40 of the impugned order wherein the following directions were passed:-
“The Enforcement Directorate is hereby directed to expedite the investigation qua the D-5 and examine whether there was non-compliance of any provisions of FEMA or rules thereunder or that the said seized currency has conclusively any link with money laundering. However at this juncture the stand taken by D-5 requires further investigation, as relief prayed for D-5 cannot be granted.”
Para 13 of the order is as under:
Para 13 (76, 77) From the contents of Applications and material produced before this Authority, I am satisfied that the seized/frozen documents/records/properties are required for the purpose of Adjudication u/s 8 of PMLA. I am also satisfied that the seized/frozen documents/properties are involved in money laundering. Hence retention of seized/frozen documents/records/properties u/s 17 (1A) is required to be confirmed and is confirmed hereby. The retention of seized/frozen documents/records/properties u/s 17 (1A)
FPA-PMLA-2683/CHD/2018
Page 1 of 2
shall continue during the investigation for a period not exceeding ninety days or the pendency of the proceedings relating to any offence under this Act, before the concerned Court and shall become final after an order of confiscation is passed in accordance with the provisions of PMLA.
The counsel for the appellant states that despite of the directions issued no report or investigation qua with regard to the subject matter of appeal has been filed nor any copy is served. It is also stated by him that the seized currency be released immediately. Issue notice. Reply to be filed
within three weeks.
List on 7th January, 2019.
(Justice Manmohan Singh) Chairman
New Delhi,
3rd December, 2018
‘r’
FPA-PMLA-2683/CHD/2018
Page 2 of 2
3 issues framed by the court
Whether to exercise jurisdiction to issue notice on investigation report non-filing regarding seizure retention direction
Whether to release seized currency documents immediately
Whether further directions are necessary regarding non-compliance of FEMA provisions
3 provisions across 1 enactments
Jai Bhagwan
The Deputy Director Directorate of Enforcement, Chandigarh
Manmohan Singh
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
