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2023 Supreme(Ker) 803

A. J. DESAI, V. G. ARUN
Santiago Martin, S/o. Shri Santiago – Appellant
Versus
Union Of India, Represented By The Secretary, Ministry Of Finance – Respondent


Advocates Appeared:
For the Appellants : Sri. Aryama Sundaram (Senior), Smt. Rohini Musa, Sri. Abishek Singh, Sri. Amit Balla, Sri. A. Kumar, Smt. G. Mini.
For the Respondents: Sri. L. Sundareshan, Sri. Jaishankar V. Nair, Sri. S. Manu.

JUDGMENT :

(A.J. Desai, J.)

To what extent the High Court would be justified in entertaining a writ petition under Article 226 of the Constitution of India when “adjudication” of the provisional attachment of properties is in progress, as provided under Section 8 of the Prevention of Money-Laundering Act, 2002 (‘the PMLA Act’, for short), and the decision of such adjudicating authority would be subject to appeal under the Act itself, is the question to be decided in this intra court appeal filed under Section 5 of the Kerala High Court Act, 1958.

2. The brief facts emerging from the records are that, against petitioner No.1, who is one among the two partners of a partnership firm viz., M/s. M.J. Associates, Palakkad, the 2nd petitioner, a private limited company of which petitioner No.1 is the Managing Director, and other different entities, a charge sheet was filed by the Central Bureau of Investigation under Sections 120(b) and 420 of the Indian Penal Code, 1860, Sections 4(d), 4(f), 9 r/w. 7(3) of the Lotteries (Regulation) Act, 1998, and Rules 3(5) and 4(5) of the Lottery (Regulat

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