An order in five PMLA stay petitions before the Appellate Tribunal. The court directed the Investigating Officer to remain present with records on the next hearing date and file an advance copy of the prosecution complaint if filed by the respondent.
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 ACTs AT NEW DELHI
| 1. MP-PMLA-4340/GOA/2018 (Stay) |
||
|---|---|---|
| FPA-PMLA-2183/GOA/2018 | ||
| Mst. Ishwar Sarda | … | Appellant |
| Versus | ||
| The Joint Director Directorate of Enforcement, GOA |
… | Respondent |
| 2. MP-PMLA-4342/GOA/2018 (Stay) FPA-PMLA-2184/GOA/2018 |
||
| Sh. Anand Sarda | … | Appellant |
| Versus | ||
| The Joint Director Directorate of Enforcement, GOA |
… | Respondent |
| 3. MP-PMLA-4344/GOA/2018 (Stay) FPA-PMLA-2185/GOA/2018 |
||
| Mst. Eshan Sarda | … | Appellant |
| Versus | ||
| The Joint Director Directorate of Enforcement, GOA |
… | Respondent |
| 4. MP-PMLA-4346/GOA/2018 (Stay) FPA-PMLA-2186/GOA/2018 |
||
| M/s. Navdeep Agriculture and Prop. Pvt. Ltd. | … | Appellant |
| Versus | ||
| The Joint Director Directorate of Enforcement, GOA |
… | Respondent |
| 5. MP-PMLA-4348/GOA/2018 (Stay) FPA-PMLA-2187/GOA/2018 |
||
| Smt. Ashadevi Sarda | … | Appellant |
| Versus | ||
| The Joint Director | ||
| Directorate of Enforcement, GOA | … | Respondent |
| & | ||
| 6. MP-PMLA-4340/GOA/2018 (Stay) FPA-PMLA-2188/GOA/2018 |
||
| Sh. Nandkishore Sarda | … | Appellant |
| Versus | ||
| The Joint Director | ||
| Directorate of Enforcement, GOA | … | Respondent |
FPA-PMLA-2183-2188/GOA/2018
Page 1 of 2
Advocates/Authorized Representatives who appeared
For the Appellants : Mr. Kumar Vaibhav, Adv. For the Respondent : Mr. Atul Tripathi, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER
ORDER 20.08.2019
The ld. Counsel of the appellants submits that they are not chargsheeted and even their names are not reflected in the ECIR. According to the ld. Counsel for the appellant no copy of the prosecution complaint has been served.
Mr. Atul Tripathi, counsel for the respondent states that prosecution complaint in response of the O.C. has already been filed. As far as present appellants are concerned, he is not aware as to whether the prosecution complaint filed or not.
We are directing that I.O. shall remain present alongwith the records on the next date of hearing in case the prosecution complaint has filed, copy of the same shall also be filed by the next date with an advance copy to the counsel for the appellant.
List on 1st October, 2019.
(Justice Manmohan Singh) Chairman
(G.C. Mishra) Member
New Delhi, 20th August, 2019 ‘s’
FPA-PMLA-2183-2188/GOA/2018
Page 2 of 2
2 issues framed by the court
Whether the Joint Director should remain present with records if the prosecution complaint has been filed as asserted by the respondent.
Whether an advance copy of the prosecution complaint must be filed by the next date of hearing.
Mst. Ishwar Sarda
Sh. Anand Sarda
Mst. Eshan Sarda
M/s. Navdeep Agriculture and Prop. Pvt. Ltd.
Smt. Ashadevi Sarda
Sh. Nandkishore Sarda
Manmohan Singh
G.C. Mishra
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
