IMPORTANT POINT
The MPIDFE Act allows for the attachment of property to protect the interests of depositors, regardless of when the property was acquired. The affidavit filed by the competent authority complied with the Act, and the delay in filing the appeal was condoned.

JUDGMENT :

Heard Mr. B. Lalramenga, learned counsel for the appellants in Criminal Appeal No. 17/2020 and Criminal Appeal No. 18/2020. Also heard Mr. Lalfakawma, learned counsel for the appellant in Criminal Appeal No.13/2021 as well as Ms. Linda L. Fambawl, learned Additional Public Prosecutor for the State of Mizoram assisted by Mr. F. Lalengliana, learned counsel appearing on behalf of the Distributors.

2. These appeals are filed under Section 16 of the Mizoram Protection of Interests of Depositors (in financial establishment) Act, 2019 (in short ‘MPIDFE Act’) challenging the impugned Judgment & Order dated 05.10.2020 passed by the learned Additional District & Sessions Judge, Aizawl, in MPID Case No. 81/2015, wherein, an ad interim Attachment Orders dated 22.11.2016 and 16.06.2017 passed by the respondent No.2 had been made absolute.

3. The brief facts leading to filing of the appeals is that;

3.1. On 22.11.2016 and 16.06.2017, the Government of Mizoram, Financial Department passed ad-interim Attachment orders of the money and properties of the respondents/present appellants in MPID Case No.81/2015 under Section 3 of the MPIDFE Act, 2002. On that basis, the complainant, an enquiry was conducted by the competent authority and filed an application before the Court of learned District Judge with a prayer to make the ad-interim Attachment orders as absolute. Initially the Money Suit No. 81/2013 was filed by one Mr. Sangkunga Pautu for himself and also represented another 211 numbers of persons who allegedly made the deposits to the appellant No.1’s son Shri Lalrinzuala and accordingly, they claimed for a payment of Rs.8,58,39,427/-(Rupees Eight crore fifty-eight lakhs thirty-nine thousand four hundred and twenty-seven) only to them with interest. While, the Money Suit No.81/2013 was pending before the Court of learned Civil Judge (Sr. Division), Aizawl, it was transferred to the Court of learned District & Sessions Judge, Aizawl Judicial District, in pursuance of the decision of the Gauhati High Court in RFA No.36/2012 [Smti. Hualthanmawii & 110 Ors. Vs. Kaprivunga, Managing Director, Mizoram Finance Consultancy Services Ltd.] and also as per Section 6(2) of the MPIDFE Act, 2002.

3.2. Thereafter, on receipt of the transferred Money Suit No.81/2013, the learned District & Sessions Judge, Aizawl passed the order dated 14.09.2015, thereby, directing the Superintendent of Police, CID (Crime) to investigate the case and to take action as per the MPIDFE Act, 2002. After completion of the investigation, an ad-interim Attachment orders dated 22.11.2016 and 16.06.2017 were passed by the Secretary to the Government of Mizoram Finance Department as per Section 3(2) (b) of the MPIDFE Act, 2002. Subsequently, as per Section 4(3) of MPIDFE Act, 2002, the Competent Authority i.e. the Deputy Commissioner, Aizawl submitted an application dated 29.06.2017 before the learned District & Sessions Judge, Aizawl praying for making absolute the ad-interim Attachment orders absolute dated 22.11.2016 and dated 16.06.2017 respectively.

3.3. The appellant’s No.2 namely Smti. Rosie Vanneihpuii (Crl.A. No.17/2020) has submitted an objection against the prayer of the respondent stating that there can be no reasons to make attachment order of properties of other family members of Shri Lalrinzuala (appellant in Crl.A.No.18/2020) and accordingly she also claimed for ownership of the attached properties.

3.4. One Shri Lalrinsanga (respondent No.4 in Crl.A.13/2021) also submitted an objection to that effect which has been registered as CMA No.667/2017 claiming that the attachment order of the properties covered by LSC No.G-203 of 1987 belongs to him and the same is not the property of Shri Lalrinzuala (appellant in Crl.A.No.18/2020). A similar claim has been made by Smti. Kuri Lalrinthangi Hmar (appellant No.3 in Crl.A.No.17/2020) registered as CMA No.668/2017. Further, Shri Rosangliana Hmar (appellant No.1 in Crl.A.No.17/2020) in CMA No.669/2017 filed written objecti