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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU
Mohan Rao, S/o. Late Govinda Rao – Appellant
Versus
Directorate of Enforcement, Represented By Its Director of Enforcement – Respondent
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 2nd 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 3rd 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 3rd 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 P
Writ petitions challenging provisional attachment under the Prevention of Money-Laundering Act are not maintainable due to the availability of statutory remedies.
The court affirmed that the Prevention of Money Laundering Act provides a self-contained legal framework, requiring exhaustion of statutory remedies before seeking relief through writ petitions.
Properties acquired before the commission of an alleged offence cannot be attached under the Prevention of Money Laundering Act, and due process must be followed in such proceedings.
Provisional attachment order - Act itself does not provide any opportunity of hearing to concerned party prior to passing of order of provisions attached under Section 5 of Act. Rightly so as after o....
Provisional Attachment Orders must have justified legal grounding, requiring explicit evidence of connections to alleged criminal activity, and prior judicial conclusions limit enforcement authority ....
The main legal principle established is that properties to be proceeded against under PMLA must be connected to the criminal activity, and ex facie illegal acts can be interfered with under Article 2....
Properties acquired prior to the commission of a predicate offence cannot be attached under the Prevention of Money-Laundering Act, as they do not constitute proceeds of crime.
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