Writ petitions challenging provisional attachment under the Prevention of Money-Laundering Act are not maintainable due to the availability of statutory remedies.

JUDGMENT :

The common prayers in these writ petitions are as follows:

“(i) Issue a writ of mandamus or other appropriate writ order or direction, in the nature of a declaration quashing Ext.P11 order in ECIR/KCZO/04/2021 issued by the 2^nd respondent against the petitioner freezing the accounts enumerated in paragraph 14.

(ii) Issue a writ of mandamus or other appropriate writ order or direction, in the nature of a declaration quashing Ext.P12 and the proceedings in ECIR/KCZO/04/2021 now pending before the 3^rd respondent.

(iii) Issue a writ of mandamus or other appropriate writ order or direction, in the nature of a declaration quashing Ext.P14 order and the proceedings in ECIR/KCZO/04/2021 now pending before the 3^rd respondent.”

2. The petitioner in W.P(Crl) No.595/2024 was a non-shareholding CEO and consultant of a family owned private limited company by name 'Vipul Shipyard Pvt. Ltd' (VSPL), having its shipyard in Vasco Da Gama, Goa. Petitioner in W.P(Crl) No.731/2024 is 'Vipul Shipping Engineering Works' and petitioner No.2 is a partner of the company. The petitioner in W.P(Crl) No.601/2024 was also a partner of the company. The petitioner in W.P(Crl) No.721/2024 is 'Vipul Shipyard Pvt. Ltd.', represented by its Director.

3. The Union Territory of Lakshadweep Administration (UTLA), headed by its Administrator, is responsible for procurement and construction of water vessels for the use of UTLA. The landing barges are used to transport passengers and cargoes between the Lakshadweep Islands and the mainland. The Ministry of Shipping, Government of India, in 2006 accorded sanction to UTLA for acquisition of two landing barges through open tender process. Pursuant to this, the Shipping Corporation of India floated a tender bearing No.T&S/NB/UTLA/2000PAS/LB/2006 dated 04.04.2006, on behalf of UTLA inviting offers from experienced shipyards for constructing Six, 200 PAX Passenger Landing Barges. In response to the tender four firms submitted their bids, and two were shortlisted and after technical scrutiny, VSPL turned out to be L-1. The construction agreement with M/s VSPL, Surat was not executed till 20.10.2007. In July 2007, VSPL informed the Shipping Corporation of India that their Surat yard was being taken over by a company named 'ABG Shipyard Pvt.Ltd,' but, they could fulfil the contract with UTLA in their Goa yard. In August 2007, the acquisition process was completed and VSPL, Surat yard was taken over by ABG Shipyard. The company started the building of the vessels in terms of the contract. Payments were made in instalments.

4. In 2010, a team of UTLA officials conducted inspection on the vessels under construction at VSPL, Goa and found that the dimensions of the vessels were not acceptable to UTLA.

5. Based on a letter received from Sri. Vadodaria Karanjeet, Director of Lakshadweep Administration, the CBI ACB, Cochin conducted a preliminary enquiry vide PE No.2/2014, dated 17.10.2014. The letter received from Sri. Vadodaria Karanjeet alleged criminal negligence and strong suspicion of malpractices and corruption by the officials of Lakshadweep Administration, Shipping Corporation of India Limited (SCIL) and M/s VSPL in the matter of construction of two landing barges. The CBI submitted FIR alleging offences under Sections 120B, 420 and 471 of IPC, and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. An Enforcement Case Information Report (ECIR) No.ECIR/KCZO/04/2021 was recorded for investigation under the Prevention of Money-Laundering Act, 2002 (for short 'the Act'). After completing the investigation, the CBI submitted final report in the matter. In the final report, CBI levelled the following charges:

“1. SRII invited M/s Vipul shipyard, Surat to sign the ship building contract. Shri Mohan Rao (Petitioner), CEO of M/s. Vipul Shipyard Surat, and Shri Vipul Amin, Authorized Director of M/s. Vipul Shipyard Private Limited, Goa, hatched a conspiracy to cheat UTL in the matter of constructing a