Allowed

FPA-PMLA-2298/DLI/2018 of Shri J.P. Singh v/s The Deputy Director, Directorate of Enforcement, Delhi

ATFP25 Apr 2019FPA-PMLA-2298/DLI/2018

Case brief

AI extract

What is this about?

Appeal against retention order where prosecution complaint under Section 8(3)(a) was not filed within the mandatory period. Tribunal allowed appeal, set aside order, and directed return of seized properties due to lapse of retention without compliance of statutory timeline.

What did the court decide?

Impugned order set aside; direction to respondent to handover seized properties within three weeks.

FPA-PMLA-2298/DLI/2018 of Shri J.P. Singh v/s The Deputy… — Narcotics (NDPS) | ATFP (2019)

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APPELLATE TRIBUNAL FOR SAFEMA, FEMA, PMLA, NDPS & PBPT ACT AT NEW DELHI

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MP- PMLA-4462/DLI/2018 (Stay)

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FPA-PMLA-2298/DLI/2018

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Shri J.P. Singh … Appellant Versus

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The Deputy Director, Directorate of Enforcement, Delhi … Respondent

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Advocates/Authorized Representatives who appeared

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For the Appellant : Shri J.P. Singh (Appellant) For the Respondent : Ms. Shilpi Satyapriya Satyam, Advocate CORAM JUSTICE MANMOHAN SINGH : CHAIRMAN SHRI G.C. MISHRA : MEMBER

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ORDER 25.04.2019

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FPA-PMLA-2298/DLI/2018

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The present appeal has been filed by the appellant under Section 26 of the Prevention of Money Laundering Act, 2002 against the order dated 04^th April, 2018 passed by the Adjudicating Authority in OA No. 140/2017. The operative part of the order para 16 reads as under:

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“16. The order of retention shall:

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(a) continue during the pendency of the proceedings relating to any offence under this Act before a court or under corresponding law of any other country before competent court of criminal jurisdiction outside India as the case may be;

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(b) become final after an order of confiscation is passed under sub-section (5) or sub-section (7) of section 8 or section 58B or sub-section (2A) of section 60 by the Adjudicating Authority."

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FPA-PMLA-2298/DLI/2018

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Page 1 of 4

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Details of seized items recovered from the residential premises of Mr. J.P. Singh at E-42, Amaltas Apartment, Behind Fun Republic, Satellite Road, Ahmedabad as mentioned below:

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i. HP Laptop Model no. 8260NGW.

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ii. HP Tab (black colour).

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iii. Apple Phone (black colour 8GB).

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iv. Samsung Duos GT-7582, IMEI nos. 352996/06/032637/1 and 3522997/26/032637/9 with SIM card of Hutch 8991200012731713629.

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v. Three pendrive of Sandisk a) 8GB, b) 32GB and c) 64GB.

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vi. Rs. 1,36,000/- in cash.

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Details of seized items recovered from the residential premises of Mr. J.P. Singh at 48, Atma Ram Dairy Complex, Sector-13, R.K. Puram, Delhi, as mentioned below:

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i. Nokia Mobile, Model 112, type RM837 with IMEI nos. IMEI 1: 353684/05/367951/0 and IMEI 2: 353684/05/397951/8.

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ii. Samsung Mobile, Model: GT-S8530, S/N: R3wZC85010X, IMEI 354798/04/246256/5

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iii. Nokia Mobile, Model 9300, IMEI 355369/00/05034/7

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iv. Samsung Mobile, Model SCH-S239, FCCID A3LSCH239, CDMA phone other no. mentioned in it are A0000024C57D2.

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v. Iphone Mobile, Model A1633, FCCID: BCG-E2946A, IC: 579CE2946A.

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vi. Nokia Mobile, Model 9300, IMEI 35432/00/348002/9.

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vii. HTC Mobile, Model Desire 516 dual SIM D516h, IMEI 1: 353834061825654 and IMEI 2: 35384061885658 and S/N LC478Y142645.

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FPA-PMLA-2298/DLI/2018

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Page 2 of 4

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viii. Sony Mobile, Xperia with label on it which seadsDK Singh.

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ix. Samsung Mobile, Model SM-G900, IMEI 35107060488407, S/N: RF6F30NY4GN.

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x. MI mobile, S/N 15101/80237461 IMEI 1: 65735033721965 and IMEI 2: 865735033721973.

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xi. Samsung Mobile, Model GT-s7582, IMEI 1: 352996062661361/01 and IMEI 2: 352997062661369/01.

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xii. Nokia Mobile, Model RM-1013, IMEI 1: 355133/06/072912/6 and IMEI 2: 355133/06/072913/4.

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xiii. Pendrive, Make Transcend, 2GB, No. 5549277329 and another no. mentioned ones it as D33193.

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xiv. Pendrive, Memorex travel drive, 128 MB.

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xv. Pendrive, SanDisk, Cruzer Micro 2.0GB.

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xvi. Pendrive, SanDisk, Cruzer blade no. D33724.

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xvii. SATA Hard Disk, S/N R70H73GK, with caption as HITACHI Deskstar, extracted from Desk top.

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xviii. SATA Hard Disk, S/N 151129JA109NDW071ZWS with caption HGST extracted from HP laptop: 1TB.

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xix. Hard Disk with S/N no. FS68N58451190924P, with a capacity of 256GB.

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xx. A bunch of loose sheets along with several cheque leaves numbered from 1 to 115.

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90 days period has already been expired from the date of passing the impugned order. No prosecution complaint under Section 8(3)(a) of the Act, has been filed. The period is mandatory in nature. The retention order in the above said matter was passed on 04^th April, 2018. More than one year has been passed. Counsel for the respondent has confirmed that no prosecution complaint has been filed by the respondent. Under these circumstances, FPA-PMLA-2298/DLI/2018 Page 3 of 4

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Page 3 of 4

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retention lapses, the appeal is accordingly allowed. The impugned order is set aside. The respondent is directed to handover the seized properties retain by them within a period of three weeks. The appeal and pending application are accordingly disposed of. It is clarified that by this order, we have not dealt with the merit of the case.

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(Justice Manmohan Singh) Chairman

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(G.C. Mishra)

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Member

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New Delhi, 25^th April, 2019

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‘A’

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FPA-PMLA-2298/DLI/2018

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Page 4 of 4

FPA-PMLA-2298/DLI/2018 of Shri J.P. Singh v/s The Deputy Director, Directorate of Enforcement, Delhi

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FPA-PMLA-2298/DLI/2018 of Shri J.P. Singh v/s The Deputy Director, Directorate of Enforcement, Delhi

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