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KALYAN RAI SURANA, MRIDUL KUMAR KALITA
Association For Extensive Growers Innovative Service Aegis, Represented By Its Secy. N. Bomi Singh – Appellant
Versus
State Through National Investigation Agency NIA – Respondent
JUDGMENT :
(K.R. Surana, J.)
Heard Mr. D.K. Mishra, learned Senior Counsel, assisted by Mr. B. Prasad, learned counsel for the appellant. Also heard Mr. D.K. Das, learned Senior Counsel, assisted by Ms. G.D. Choudhury, learned counsel for the sole respondent. With the permission of the Court, Mr. R.K. D. Choudhury, learned DSGI has also made his submissions.
2) The movable and immovable properties of the appellant i.e. the Association for Extensive Growers Initiative Service (AEGIS for short) was attached by the Chief Investigation Officer of NIA Case No. 10/2010, vide Memorandum of Attachment dated 11.11.2011 (Ext.94). Consequently, the order of attachment dated 11.11.2011 (Ext.95) was also made by the same authority. Thereafter, by an order under No. 11034/20/2010-IS-VII(IV) dated 29.12.2011 (Ext.184) was issued by Sri Dharmendra Sharma, Joint Secretary (IS-I), Govt. of India, MHA & Designated Authority, thereby confirming the order of attachment under section 25 of the Unlawful Activities (Prevention) Act, 1967 [hereinafter referred to as ‘UA(P)A” for short]. Aggrieved by the said orders, the present appeal has been filed by the appellant under section 25(6) of the UA(P)A.
3) It w
The court emphasized the necessity of clear evidence linking assets to proceeds of terrorism for lawful attachment under the UA(P)A.
The court affirmed that the NIA can seek property attachment under Section 33 of the UA(P) Act during trial, independent of the definition of proceeds of terrorism.
The court affirmed the validity of property attachment under the U.A.P.A., confirming jurisdiction and procedural adherence despite contestation of unlawful association status.
The court affirmed the seizure of funds under the UAPA, establishing that the funds were proceeds of terrorism linked to extortion activities by a terrorist organization.
Money Laundering – Provisional Attachment Order – Formation of opinion must bear a proximate and live nexus to purpose of protecting interest of Government revenue.
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