respondent-ED moved Original Application No. 198/2018 before Adjudicating Authority under Section 21 of PMLA for permission to retain the same till conclusion of investigation and or Adjudication under Section 8 of PMLA. The permission to retain was granted by Adjudicating Authority vide order dated 24.09.2018. He pointed out that respondent-ED is empowered to retain seized documents/articles for period of 180 days as per Section 21 (1) of PMLA, 2002. If no permission is granted by the Adjudicating Authority, then under Section 21(6) of PMLA, respondent-ED may withhold the release of such record for a further period of 90 days, if retention of the documents/articles is not allowed. He further argued that Section 8(3) (a) of PMLA, for release of seized documents/articles/property after 365 days is attracted after the passing of the order under Section 8(2) of PMLA, by the Adjudicating Authority in Original Complaint. Appellant has not specified in his appeal, when the said order was passed by Adjudicating Authority in Original Complaint. He pointed out that after obtaining the permission to retain the documents, respondent-ED filed Original Complaint No. 977/2018 before the Adjudicating Authority and Ld. Adjudicating Authority confirmed the attachment of properties which is also under challenge vide separate appeals No. PMLA-2718 to 2725 & 2706/2018. Accordingly, he submitted that present appeals are infructuous after passing of the order in Original Complaint and lodging of prosecution complaint under PMLA, before Ld. Special Judge.
