Appellant raised an issue regarding the delay in filing the prosecution complaint under the PMLA, arguing the statutory period had expired. Respondent counsel sought two weeks for instructions before re-notifying.
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
MP-PMLA-4797/PTN/2018 (U.A) MP-PMLA-4798/PTN/2018 (Stay) MP-PMLA-4799/PTN/2018 (Exem.) FPA-PMLA-2466/PTN/2018 Shri Shyam Sunder Bajaj … Appellant/Applicant Versus
The Deputy Director Directorate of Enforcement, Patna
… Respondent
Advocates/Authorized Representatives who appeared
| For the appellant | : Shri Mudit Jain, Sh. Vinit Virmani & Sh. Pranit Sharma, Advocates |
|---|---|
| For the respondent | : Shri Nitesh Rana, Advocate |
| CORAM | |
| JUSTICE MANMOHAN SINGH | : CHAIRMAN |
| SHRI G.C. MISHRA | : MEMBER |
ORDER
09.04.2019
FPA-PMLA-2466/PTN/2018
Reply has been filed by the learned counsel for the respondent in court. The same is taken on record. The counsel for the appellant has pointed out that the prosecution complaint has not been filed in time. He further stated that at page no. 275 of the paper book filed by the respondent, which would show that the date of prosecution complaint was on dated 17.12.2018 while the impugned order passed on 20.07.2018. As per the provision of section 8(3)(a), ninety days period is prescribed for filing the prosecution complaint from the date of passing of the confirmation of attachment order which has already been expired on 18.10.2018.
FPA-PMLA-2466/PTN/2018
Page 1 of 2
Sh. Nitesh Rana, Advocate for the respondent seeks two weeks
time to take the instructions.
Re-notify on 7th May, 2019.
(Justice Manmohan Singh) Chairman
(G.C. Mishra)
Member
New Delhi, 9th April, 2019
M
FPA-PMLA-2466/PTN/2018
Page 2 of 2
1 issue framed by the court
Whether the prosecution complaint was filed within the prescribed period under Section 8(3)(a) of the PMLA.
1 provisions across 1 enactments
Shri Shyam Sunder Bajaj
The Deputy Director, Directorate of Enforcement, Patna
Manmohan Singh
G.C. Mishra
As recorded by the court registry
15 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
