SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2020 Supreme(Cal) 121

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


Advocates Appeared:
Farook M Razack, Advocate, Manoj Malhotra, Advocate, Paritosh Sinha, Advocate, Amitava Mitra, Advocate, Jainder Singh Dhatt, Advocate

JUDGMENT

Sabyasachi Bhattacharyya, J. - 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 Sect

                                                                          Click Here to Read the rest of this document
                                                                          1
                                                                          2
                                                                          3
                                                                          4
                                                                          5
                                                                          6
                                                                          7
                                                                          8
                                                                          9
                                                                          10
                                                                          11
                                                                          SupremeToday Portrait Ad
                                                                          supreme today icon
                                                                          logo-black

                                                                          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                                                                          Please visit our Training & Support
                                                                          Center or Contact Us for assistance

                                                                          qr

                                                                          Scan Me!

                                                                          India’s Legal research and Law Firm App, Download now!

                                                                          For Daily Legal Updates, Join us on :

                                                                          whatsapp-icon telegram-icon
                                                                          whatsapp-icon Back to top