Back
NIRZAR S. DESAI
Rina Jain W/o. Vineet Gangwal – Appellant
Versus
Union Of India – Respondent
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 :
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 passpo
Seizure of property under the PMLA must lapse after 365 days without a related prosecution complaint; the 'pendency' of proceedings involves a direct connection to the property seized.
It is a well-settled salutary principle that if a statute provides for a thing to be done in a particular manner, then it has to be done in that manner and in no other manner.
(1) Freezing of Bank Account – If a statute provides for a thing to be done in a particular manner, then it has to be done in that manner alone and in no other manner failing which it would fall foul....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
