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MD. NIZAMUDDIN
Gobindo Das – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Md. Nizamuddin, J.
1. Heard learned Advocates appearing for the parties.
2. Petitioner has filed this Writ Petition challenging the impugned Provisional Attachment Order dated 11th December, 2020 passed by the Deputy Director, Enforcement Directorate/respondent no. 3 attaching his bank accounts in question under Section 5 (1) of The Prevention of Money Laundering Act, 2002 on the ground that the validity of the said impugned Provisional Attachment Order has lost its force and ceased to have any validity under Section 5 (3) of the aforesaid Act after expiry of 180 days on 9th June, 2021 and in view of the fact that the Respondent No. 2/adjudicating authority has not passed any formal order on or before 9th June, 2021 under Section 8(3) of the aforesaid Act for confirmation or further extension of the aforesaid impugned Provisional Attachment Order dated 11th December, 2020.
3. Petitioner contends that after the expiry of 180 days from the date of the aforesaid attachment order, Respondent No. 3 has become functus officio and further there is no provision under the aforesaid Act for automatic or deemed extension of the Provisional Attachment Order under Section 5 (1) of the af
The main legal point established in the judgment is that the extended period of limitation due to the COVID-19 pandemic does not apply to the validity period of the provisional attachment order under....
The main legal principle established in the judgment is the distinction between protecting the right to remedy and extending the time for filing proceedings. The court emphasizes that the right to re....
Point of law: Provisional attachment - Adjudicating Authority does not become functus officio on expiry of the period of 180 days from the passing of the order of provisional attachment unless such o....
Cricket betting constitutes a predicate offense under the Prevention of Money Laundering Act, validating asset attachment despite challenges regarding processing timelines and evidential burden.
Provisional attachment orders under the Prevention of Money Laundering Act lapse after 180 days if not confirmed, ensuring legal safeguards against arbitrary actions.
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