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2016 Supreme(Del) 384

VIBHU BAKHRU
MAHANIVESH OILS & FOODS PVT. LTD. – Appellant
Versus
DIRECTORATE OF ENFORCEMENT – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Shishir Mathur with Mr Kunal Bahri.
For the Respondent: Mr Arun Bhardwaj, CGSC for UOI with Mr Abhishek Pundir.

JUDGMENT :

VIBHU BAKHRU, J.

1. The petitioner has filed the present writ petition seeking quashing of the provisional attachment order dated 24.01.2014 (hereafter ‘impugned order’) passed by the Deputy Director, Directorate of Enforcement under section 5 (1) of Prevention of Money Laundering Act, 2002 (hereafter the ‘Act’) whereby the entire basement and ground floor of the property situated at E-14/3, Vasant Vihar, New Delhi belonging to Smt. Alka Rajvansh has been attached considering it as proceeds of crime.

2. The brief facts that are relevant for examining the controversy in the present petition are as under:-

2.1 On 08.05.2009, an FIR was lodged by the CBI on a written complaint made by Shri S.K. Maggu, Deputy Manager of National Agricultural Cooperative Marketing Federation of India (hereafter ‘NAFED’) wherein it was alleged that Mr Homi Rajvansh -the Additional Managing Director of NAFED, had hatched a conspiracy, in connivance with the directors of M/s M.K. Agri International Ltd. (hereafter ‘MKAIL’), for making wrongful gains by executing Memoranda of Understandings (MOUs) with MKAIL on behalf of NAFED for import of raw sugar and selling the same by entering into three High















































































































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