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2020 Supreme(Cal) 11

SABYASACHI BHATTACHARYYA
Excel Powmin Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Farook M. Razack, Manoj Malhotra, Paritosh Sinha, Amitava Mitra, Advocates
For the Respondents:Jainder Singh Dhatt, Advocate

JUDGMENT :

1. The present writ petition arises from a Provisional Order of Attachment (POA) issued by respondent no.2 on the basis of "reasons to believe" that the petitioner acquired the properties so attached out of funds, being proceeds of crime derived out of alleged money-laundering activities committed by some other entities. The said order was passed on December 29, 2017.

2. On January 19, 2018, the respondent no.2 filed an Original Complaint No. 880 of 2018, under Section 5(5) of the Prevention of Money-Laundering Act, 2002 (hereinafter referred to as "the PMLA") before the Appropriate Authority for confirmation of the provisional attachment under Section 8(3) of the PMLA.

3. On February 9, 2018 the Appropriate Authority passed a direction for issuance of show-cause notice under Section 8(1) of the PMLA, to the petitioner and other persons accused in the said Original Complaint.

4. On February 15, 2018, a show-cause notice under Section 8 of the PMLA was issued.

5. The writ petition has been filed, challenging primarily the POA dated December 29, 2017 and the order of the Adjudicating Authority (AA) directing issuance of show-cause notice under Section 8(1) of the PMLA, dated Fe

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