Petitioner challenged the PMLA Appellate Tribunal's final order confirming attachment of her three properties by way of writ petition. The court held that the statutory remedy under Section 42 of the Prevention of Money Laundering Act was available and disposed of the petition with liberty to file such appeal.
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NC: 2024:KHC:43221 WP No. 17015 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 17015 OF 2024 (GM-RES)
BETWEEN:
NAMITA SAMANTARA, W/O NIHAR RANJAN SAMANTARA, AGED ABOUT 58 YEARS, RESIDING AT NO. 23, BASUDEVA NIWAS, 13TH CROSS, KAGGADASAPURA, CVR NAGAR, BANGALORE - 560 093.
…PETITIONER
(BY SRI. VIDYASAGAR R., ADVOCATE)
AND:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
UNDER THE PREVENTION OF MONEY LAUNDERING ACT, 2002 AND SMUGGLERS AND FOREIGN EXCHANGE, MANIPULATORS ACT, 1976 (SAFEMA) MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, GOVERNMENT OF INDIA, NEW PREMISES, 4TH FLOOR, C WING, LOKNAYAK BHAWAN, KHAN MARKET, NEW DELHI - 110 003, REPRESENTED HEREIN BY ITS REGISTRAR/ ADMINISTRATIVE OFFICER.
…RESPONDENTS
(BY SRI. MADHUKAR M. DESHPANDE, ADVOCATE FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W 482 OF CR.P.C PRAYING TO QUASHING THE ANNX-A VIZ THE FINAL ORDER IN APPEAL BEARING NO. FPA-PMLA-1835/BNG/2017 DATED 7.05.2024 PASSED BY THE R-3 CONFIRMING THE ORDER DATED 1.06.2017 AT ANNX-C PASSED BY THE R-2 IN ORIGINAL COMPLAINT (OC) NO. 682/2017 VIDE WHICH ATTACHMENT OF THE THREE PROPERTIES PERTAINING TO THE PETITIONER VIDE PAO NO. 20/2017 AT ANNX-B PASSED BY THE R-1 DATED 03.01.2017 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Sri. Vidyasagar R., learned counsel appearing for the petitioner, Sri. Madhukar M. Deshpande, learned counsel appearing for respondent Nos.1 to 3 and have perused the material on record.
NC: 2024:KHC:43221 WP No. 17015 of 2024
2. The petitioner is before this Court, seeking the following prayers:
constituted under Section 26 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'the said Act' for short).
NC: 2024:KHC:43221 WP No. 17015 of 2024
5. Section 42 of the said Act, reads as follows:
" 42. Appeal to High Court .—Any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to him on any question of law or fact arising out of such order:
Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days."
In that light, the petition is disposed, reserving liberty to
the petitioner to avail of the remedy, as is available under Section 42 of the Act.
Ordered accordingly.
Sd/(M.NAGAPRASANNA) JUDGE
SJK List No.: 1 Sl No.: 8 CT: BHK
1 issue framed by the court
Whether a writ petition lies against an order of the PMLA Appellate Tribunal when Section 42 provides an appeal to the High Court.
3 provisions across 2 enactments
NAMITA SAMANTARA
DIRECTORATE OF ENFORCEMENT (PMLA), GOVERNMENT OF INDIA, BENGALURU ZONAL OFFICE, THROUGH THE DEPUTY DIRECTOR
THE ADJUDICATING AUTHORITY UNDER THE PREVENTION OF MONEY LAUNDERING ACT, 2002
APPELLATE TRIBUNAL UNDER THE PREVENTION OF MONEY LAUNDERING ACT, 2002 AND SAFEMA
M.NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
