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2023 Supreme(Del) 587

PRATHIBA M. SINGH
Kankipati Rajesh – Appellant
Versus
Adjudicating Authority, Prevention of Money Laundering Act, 2002 – Respondent


Advocate Appeared:
Mr. Amit Khemka, Mr. Ashwani Taneja, Ms. Shreya Shandilya & Mr. Sandeep Dash, Advocates, Mr. Zoheb Hossain, Special Counsel Mr. Vivek Gurnani, Ms. Sejal Aneja, & Mr. Baibhav, Advocates, Mr. Anurag Ahluwalia, (CGSC), Ms. Avshreya Pratap Singh Rudy Advocates

JUDGMENT :

Prathiba M. Singh, J.

This hearing has been done through hybrid mode.

2. The present writ petition has been filed challenging the impugned order dated 6th March, 2023 passed by the Respondent No.1 - Adjudicating Authority, under the Prevention of Money Laundering Act, 2002 (PMLA) by which the Petitioner's application for right to cross examine witnesses has been rejected.

3. The brief background of this petition is that the Petitioner - Kankipati Rajesh had purchased two immovable properties in Surat, Gujarat for a particular sale consideration. An FIR was lodged under the Prevention of Corruption Act, 1988 and proceedings from the same are pending trial in Ahmedabad. The Petitioner was arrested, thereafter, by the CBI in RC No. 221/2023/E0018. The Petitioner was again arrested by the Respondent No. 2 - Directorate of Enforcement (ED) on 6th August, 2022 and proceedings under PMLA were commenced by the ED. The Petitioner was subsequently granted bail.

4. Pursuant to proceedings under the PMLA, Provisional attachment order was passed on 3rd October, 2022 by the Respondent No. 1 whereby the two properties of the Petitioner were attached. In the said proceedings before the Adjud

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