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2021 Supreme(Guj) 54

SANGEETA K.VISHEN
Nitin Hasmukhlal Shah – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR HASIT DAVE, adv.
For the Respondent: MR DEVANG VYAS

ORDER :

1. By this petition, inter alia, under Article 226 of the Constitution of India, the petitioners seek to challenge the proceedings initiated qua the petitioner No.1 under the provisions of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the ‘PML Act’) by the Assistant Director of Enforcement, Department of Revenue, i.e. the respondent No.2 on the ground the same being without authority of law. The petitioners also pray for direction to quash the letter and panchnama, both dated 22.7.2020 and further direction to the respondent No.2 to release and return all savings and belongings seized/withdrawn thereunder of all the petitioners.

2. Brief facts, leading to the filing of the present writ petition, are as under:-

2.1 The petitioner No.1 has been a proprietor and partner in various trading firms, engaged in the business of sale and supply of chemicals like potassium chloride, potassium nitrite, zinc sulphate, acids, soda ash and such chemicals since several years. It is the case of the petitioner No.1 that earlier in the year 2008-2009, he has supplied about 400 metric tons of potassium chloride (Muriate of Potash) (hereinafter referred to as ‘MoP’) to o

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