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2016 Supreme(Del) 205

MANMOHAN
SRJ INFRATECH PVT. LTD. – Appellant
Versus
DIRECTOR DIRECTORATE OF ENFORCEMENT – Respondent


Advocate Appeared:
Mr. Shekhar G.Devasa with Mr.Manish Tiwari and Mr.Arvind Mohan, Advocates.
Mr.Sanjay Jain, Additional Solicitor General with Ms.Suparna Srivastava and Mr.Manu Dev Sharma, Advocates for UOI.

JUDGMENT :

MANMOHAN, J.

1. The present petition has been filed by the petitioners seeking quashing of the provisional attachment order dated 23September, 2015 passed by the Directorate of Enforcement, Ministry of Finance, Department of Revenue, Lucknow Zonal Office.

2. Petitioners also seek quashing of the show cause notice dated 20October, 2015, whereby they have been called to indicate the source of their income and also show cause as to why the provisional attachment order be not confirmed.

3. Learned counsel for the petitioners submits that the provisional attachment order is in flagrant violation of Section 5 of the Prevention of Money-Laundering Act, 2002 (hereinafter referred to as the “PML Act”), as he submits that no order of attachment can be made in relation to a Schedule Offence if the report under Section 173 of the Cr.P.C does not reflect the name of the petitioners.

4. He points out that the CBI in its supplementary report under Section 173 (8), Cr.P.C in FIR no. RC 220 2012 E 0003 dated 18January, 2012 has stated that Smt.Rajni Jain, Director of M/s SRJ Infratech Pvt. Ltd., Moradabad and Smt.Seema Varshney, proprietors, M/s S.S. Industries, Moradabad are not being charge





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