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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Arvind Kumar Verma, J
Dhillon City Mall Private Limited – Appellant
Versus
Directorate Of Enforcement Through Its Zonal Office – Respondent
Order :
(Arvind Kumar Verma, J.)
By way of this petition, the petitioner has approached this Court assailing the notice dated 2.12.2024 issued under Section 8(4) of the PMLA and Rule 4(5) of the Prevention of Money Laundering (Taking Possession of Attached or frozen properties confirmed by the Adjudicating Authority) Rules 2013 by the Directorate of Enforcement to the respondent No.2/ICICI Bank directing to transfer the outstanding balance in five fixed deposits (FDRs) maintained by the petitioner to another bank by the ED.
2. Facts of the case in brief is that a legal notice was sent by the ED on the basis of the order dated 7.10.2024 passed by the learned Adjudicating Authority under Section 8(3) of the PMLA in OC No. 2318/2024 confirming the Provisional Attachment Order No. 2/2024 dated 02.05.2024 passed in the Enforcement case Information Report dated 11.04.2024 registered by the ED under the PMLA.
3. Contention of learned counsel for the petitioner is that the petitioner was neither informed in person or through its counsel regarding the pronouncement of the Confirming Order and the following aspects are as under:
(I) Pronouncement of orders before the Adjudicating Authority is not
The court emphasized the necessity of communicating judicial orders to affected parties, particularly when they are in custody, as a fundamental aspect of natural justice.
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....
The main legal point established in the judgment is the determination of the time period for availing appellate remedies under the Prevention of Money Laundering Act, 2002 (PMLA) before taking posses....
The issuance of a show cause notice under the PMLA does not violate the right against self-incrimination under Article 20(3) of the Constitution.
Provisional Attachment Orders must have justified legal grounding, requiring explicit evidence of connections to alleged criminal activity, and prior judicial conclusions limit enforcement authority ....
Properties acquired before the commission of an alleged offence cannot be attached under the Prevention of Money Laundering Act, and due process must be followed in such proceedings.
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