RAJIV SHAKDHER
Gautam Khaitan – Appellant
Versus
Union of India – Respondent
Key Points: - The court held that provisional attachment under Section 5(1) is valid even without a charge sheet if the officer has reasons to believe the property involved is connected to proceeds of crime and non-attachment could frustrate proceedings; the second proviso allows attachment regardless of scheduled-offence charging status. (!) (!) (!) (!) - The officer’s reasons to believe must be based on material in his possession and must be germane to preventing frustration of proceedings; mere suspicion or ipse dixit is insufficient. (!) (!) - The attached properties can be challenged at the adjudication stage or on appeal under PMLA; writ petitions under Article 226 at the provisional attachment stage are generally not maintainable unless there is lack of jurisdiction or breach of natural justice, with post-attachment hearings provided under Section 8. (!) (!) (!) (!) (!) (!) (!) - The petition was dismissed; the court emphasized emergent nature of provisional attachment and that full opportunity comes at the Adjudicating Authority stage under Section 8, with remedies under Section 26 and Section 42 of PMLA. (!) (!) (!) (!) - The order of provisional attachment is deemed a tentative view based on material available to the designated officer, with the understanding that the petitioners would have a full opportunity to present their case later. (!) (!)
RAJIV SHAKDHER, J.
1. The petitioners have invoked, Article 226 of the Constitution, to assail order No. 10 of 2014, dated 15.11.2014, passed by Shri Vikas Singh, Deputy Director in the Directorate of Enforcement (DOE). This order has been passed under Section 5(1) of the Prevention of Money Laundering Act, 2002 (in short the PMLA) to provisionally attach properties of petitioners which, according to the respondents, represent proceeds of crime.
1.1 The reason, I have adverted to the name of the officer in the preceding sub-paragraph, is on account of a submission made with some vehemence, that the, impugned order was not passed by the officer, named above. I shall deal with this aspect, amongst others, in the course of my discussion.
2. The broad factual matrix, in which, the challenge has arisen is as follows:
2.1 In 1999, the Indian Air Force (I.A.F.) had proposed to the Government of India (G.O.I), Ministry of Defence (M.O.D) to replace the existing MI-8 VIP helicopters, on account of operational difficulties faced by the organisation.
2.2 Based on I.A.F’s proposal, in October
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