Presidential appeal against an attachment order. Tribunal stayed the attachment of property pending appeal on Prima facie findings and maintained status quo.
Maintenance of status quo on the attached property.
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, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI
MP- PMLA-5995/ JP /2019 (U.H.) MP- PMLA-5996/ JP /2019 (Stay.) FPA-PMLA-3025/JP/2019 M/s. Agribiotech Industries Pvt. Ltd.
… Appellant
Versus
The Deputy Director Directorate of Enforcement, Jaipur
… Respondent
Advocates/Authorized Representatives who appeared
| For the appellant | : Shri Ashwani Taneja, Advocate Mr. V. Govinda, Advocate Mr. Rahul Rai, Advocate |
|---|---|
| For the respondent |
: Shri S.K. Sharma, Advocate |
| CORAM | |
| JUSTICE MANMOHAN SINGH | : CHAIRMAN |
| SHRI G.C. MISHRA | : MEMBER |
ORDER 01.05.2019
FPA-PMLA-3025/JP/2019
List on 9th July, 2019.
MP- PMLA-5996/ JP /2019 (Stay.)
“15. It has been further sub mitted that the property was attached as ‘Proceeds of Crime’ under Saection 2(1)(u) of PMLA, 2002 i.e. property which is derived or obtained directly or indirectly, by any FPA-PMLA-3025/JP/2019 Page 1 of 2
Page 1 of 2
person as a result of criminal activity relating to the scheduled offence or the value of the any such property. Hence, it doesn’t matter whether the same was purchased prior to commitment of schedule offence or not. Accordingly the property has been correctly and legally provisionally attached vide Attachment Order dated 31.10.2018. 16. In this case the FIR and the charge sheet have been filed by CBI for commission of schedule offence and criminal charge proceedings are pending in the court.
(Justice Manmohan Singh) Chairman
(G.C. Mishra) Member
New Delhi, 1st May, 2019
FPA-PMLA-3025/JP/2019
Page 2 of 2
2 issues framed by the court
Whether an interim order canceling provisional attachment of property can be passed under Section 8(4) of the PMLA before prima facie proof from the CBI.
Whether the lack of an FIR or charge sheet against the appellant affects the decision to maintain status quo on the attached property.
3 provisions across 1 enactments
M/s. Agribiotech Industries Pvt. Ltd.
The Deputy Director Directorate of Enforcement, Jaipur
MANMOHAN SINGH
G.C. MISHRA
As recorded by the court registry
9 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
