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2022 Supreme(J&K) 254

SANJEEV KUMAR
Syed Akeel Shah – Appellant
Versus
Directorate of Enforcement – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. Salih Pirzada, Advocate
For the Respondent(s): Mr. T.M. Shamsi, DSGI

JUDGMENT :

In this petition the petitioner has called in question the eviction notice dated 23rd September, 2022 [“the impugned notice”] issued by the Directorate of Enforcement, Sub Zonal Office, Jammu purportedly under Section 8(4) of the Prevention of Money Laundering Act, 2002[“ the Act of 2002”]. The petitioner also prays for a direction to the respondents not to interfere with the peaceful enjoyment of the property subject matter of the impugned eviction notice.

2. The impugned notice is assailed on the ground that the order of attachment of the subject property confirmed by the Adjudicating Authority under Section 8(3) of the Act of 2002 is appealable before the Appellate Tribunal within a period of forty five (45) days from the date on which a copy of the impugned order of attachment is received by the person aggrieved. This is so provided under Section 26 of the Act of 2002. The impugned eviction notice provides only ten days time to the petitioner to vacate the subject property, and in case the impugned eviction notice is given effect to before the petitioner is in a position to avail the remedy of appeal, the appeal under Section 26 of the Act of 2002, even if preferred w

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