JUDGMENT :

1. Rule. Learned advocate Mr.Kshitij Amin waives service of notice of Rule on behalf of Respondent Nos.1, 2, 3 and 5 and learned Additional Public Prosecutor Mr.Soaham Joshi waives service of notice of Rule on behalf of Respondent No.4 – State.

2. By way of this petition, the petitioner has prayed for following reliefs :

“A. this Hon’ble Court be pleased to issue a Writ of Certiorari, or a Writ in the nature of Certiorari, or any other appropriate writ, calling the records for the assets seized under Panchnama dated 22.05.2015 (Annexure A) and after going into the legality, validity and propriety thereof, to quash and set aside seizure of the assets seized under Panchnama dated 22.05.2015 (Annexure A) belonging to the Petitioners;

B. this Hon’ble Court be pleased to issue a Writ of Mandamus or in the nature of Mandamus, or any other appropriate Writ, Order or direction to the Respondent to

i. withdraw all communications/instructions/orders issued to the Banks for freezing the bank account, bank lockers of the Petitioners;

ii. Release fixed deposits and Life Insurance Policies of the Petitioners seized under Panchnama dated 22.05.2015 (Annexure A);

iii. Release the passport of Petitioner No.3 seized under Panchnama dated 22.05.2015 (Annexure A)

iv. Release any other assets of the Petitioners that have been seized under Panchnama dated 22.05.2015 (Annexure A) which are not part of the complaint filed by the Respondents;

(BB) That this Hon’ble Court be pleased to issue a Writ of Certiorari, or a Writ in the nature of Certiorari, or any other appropriate writ, calling for the records for the order dated 31.12.2020 passed by Respondent No.5 (Annexure-J) and after going into the legality and propriety thereof, the same may kindly be quashed and set aside with consequential relief;

C. for interim/ad-interim relief in terms of prayer A and B above;

D. for costs of the petition/application and orders thereon; and

E. for such further and other reliefs, as this Hon’ble Court may deem fit and proper under the facts and circumstances of the case.”

3. In nutshell by way of aforesaid prayers, the petitioners have prayed for defreezing of their bank accounts and bank lockers and to release the Fixed Deposits and Life Insurance Policies in the name of the petitioners, to release the passports and other assets seized under the panchnama dated 22.05.2015.

4. Heard learned advocate Mr.Hardik Modh for the petitioner and learned advocate Mr.Kshitij Amin for the Union of India and Joint Director Enforcement Department as well as Adjudicating Authority.

5. It is the case of the petitioner that petitioners were searched on 22.05.2015 under provisions of Sections 17(1) of ‘the Prevention of Money Laundering Act, 2002’ (‘PMLA’ for short) in connection with offences allegedly committed by Rahul Gangwar and Vineet Gangwar under ECIR/03/FZO/2015. Since the present petitioners were out of station with the family, the residential premises of the petitioners were locked. However, the lock was broke opened and premises was searched by the respondents and alleged incriminating documents, jewellery and other valuable items including Fixed Deposits, LIC policies, bank lockers etc. were seized by the respondents under the panchnama dated 22.05.2015. According to the petitioners, though the aforesaid goods and other materials and documents were seized since 22.05.2015 and though the Act does not provide for retention of the same beyond period of 180 days unless permitted by the adjudicating authority under the proceedings under Section 17(4) of ‘PMLA’, despite there being any order permitting the respondents to retain the seized goods and other materials, which are stated herein before, the authorities in violation of provisions of Act have continued to retain the goods and other seized materials with them and, therefore, by way of this petition the petitioners have prayed for release of the same.

6.1 Learned advocate Mr.Hardik Mode appearing for the pet