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PANKAJ MITHAL, WASIM SADIQ NARGAL
State of J&K Th. Principal Secretary to Government – Appellant
Versus
Tanveer Gul – Respondent
JUDGMENT :
Wasim Sadiq Nargal, J.
Feeling aggrieved and dissatisfied with the impugned Judgment dated 08.11.2017 passed by the Single Bench of this Court in OWP No.771/2011, by virtue of which, a Writ Petition was filed by the Respondent (Tanveer Gul) under Article 226 of the Constitution with a prayer to quash the ‘Attachment Order’ and ‘Prohibition Order’ passed by the Vigilance Organization Kashmir under Section 8 -B (1) and Proviso to Section 8 -B(1) of JAMMU AND KASHMIR PREVENTION OF CORRUPTION ACT , 2006 the State has preferred this appeal. The learned Single Judge has allowed the Writ Petition and quashed the Impugned Prohibition Order bearing no. SP (ABP)/11-FIR-312-19 dated 01-03-2011 as well as impugned Attachment Order No. SP (ABP)-FIR-37/2010-10-11-15 dated 22.06.2011. The Vigilance Organization Kashmir (VoK) has preferred the present Letters Patent Appeal against the judgment dated 08.11.2017 passed by this Court.
Before proceeding further, it would be apt to give the brief factual background of the case—
Factual Details.
2. The acquisition of land for expansion of N
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....
The Prevention of Corruption Act being a complete code and a Special Act excludes the application of Section 102 Cr.P.C in the matter of attachment or seizure of property relating to offences committ....
The confirmation of provisional attachment orders of properties can be valid under the Prevention of Money Laundering Act, even if acquired prior to alleged offenses, if tied to proceeds of crime.
The procedure for attachment or seizure of property relating to offences under the P.C. Act is governed by the provisions of the Criminal Law Amendment Ordinance, 1944 and not Section 102 Cr.P.C.
Point of Law : Application shall be accompanied by one or more affidavits stating the grounds on which the belief that the said person has committed any schedule offence is founded, and the amount o....
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