Appellant argued that freezing of his bank account by ED Patna on 9 December 2016 was time-barred under Section 5 of PMLA after 180 days. Tribunal listed for affidavit.
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APPELLATE TRIBUNAL FOR SAFEMA, FEMA, PMLA, NDPS & PBPT ACT AT NEW DELHI
MP-PMLA-4115/PTN/2018 (Stay) FPA-PMLA-2151/PTN/2018
Shri Rakesh Kumar Gupta … Appellant/Applicant Versus The Deputy Director Directorate of Enforcement, Patna … Respondent
Advocates/Authorized Representatives who appeared
| For the appellant | : Shri Mukesh Anand, Advocate |
|---|---|
| For the respondent |
: Shri Nitesh Rana, Advocate |
| CORAM | |
| JUSTICE MANMOHAN SINGH | : CHAIRMAN |
| SHRI G. C. MISHRA | : MEMBER |
ORDER 16.01.2019
MP-PMLA-4115/PTN/2018 (Stay) & FPA-PMLA-2151/PTN/2018
I.O is present who informed that the accounts were freezed ( A/c no. 912020059201849 in the name of M/s. Hari Kripa held with Axis Bank, Chandni Chowk, Delhi) on 15.02.2017. Counsel for the appellant has produced few letters issued by the Axis Bank which categorically confirmed to the appellant that the said amount was frozen on 9th December, 2016 on the direction of ED, Patna. The plea of the appellant that after the expiry of 180 days from the date of frozen, if no further action is taken than ED is debarred to initiate of proceedings under Section 5 of PMLA, 2002 as it would be come time barred. Under these
FPA-PMLA-2151/PTN/2018
Page 1 of 2
circumstances it has become necessary in view of the plea raised by the
appellant. The Axis Bank to file an affidavit in this regard.
List on 13th February, 2019.
Copy of the order be given ‘ dasti’ to both the parties.
(Justice Manmohan Singh) Chairman
Member
New Delhi, 16th January, 2019
‘K’
FPA-PMLA-2151/PTN/2018
Page 2 of 2
1 issue framed by the court
Whether an account frozen on 9 December 2016 remains frozen if no further action is taken by the ED after 180 days?
1 provisions across 1 enactments
Rakesh Kumar Gupta
The Deputy Director Directorate of Enforcement, Patna
Manmohan Singh
G. C. Mishra
As recorded by the court registry
24 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
