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PRATHIBA M. SINGH
Emta Coal Limited – Appellant
Versus
Deputy Director Directorate of Enforcement – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. At the outset, ld. Counsels for the parties unanimously state that there is no conflict in this Bench hearing these writ petitions.
3. These are three writ petitions challenging provisional attachment orders being 01/KLZ0-I/2022 dated 14th February, 2022, 17/KLZO-I/2022 dated 20th June, 2022, issued by the Directorate of Enforcement (ED) under section 5 of the Prevention of Money Laundering Act, 2002 (hereinafter `PMLA') and all consequent proceedings arising therefrom against the following Petitioners:
| Writ Petition Number | Petitioners |
| W.P.(C) 3821/2022 & W.P.(C) 12437/2022 | |
| W.P.(C) 14530/2022 |
4. The background of the matters is that vide judgment dated 24th September, 2014 passed in Manohar Lal Sharma v. Principal Secretary, & Ors., (2014) 9 SCC 614, the Supreme Court
The main legal point established in the judgment is that when the accused person has been discharged/acquitted in the scheduled offence, there can be no offence of money laundering against them, and ....
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 prior to the commission of a predicate offence cannot be attached under the Prevention of Money-Laundering Act, as they do not constitute proceeds of crime.
The main legal principle established is that properties to be proceeded against under PMLA must be connected to the criminal activity, and ex facie illegal acts can be interfered with under Article 2....
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