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GAUTAM KUMAR CHOUDHARY
Nav Nirman Builders & Developers Pvt. Ltd. through its Managing Director, Naveen Singh – Appellant
Versus
Union of India through Deputy Director, Directorate of Enforcement, Govt. of India, Ranchi – Respondent
JUDGMENT :
1. The instant criminal misc. petition has been filed for quashing the order dated 15.09.2022 by which the application of the Enforcement of Directorate under Section 8(7) of the Prevention of Money Laundering Act (hereinafter referred to PMLA) for confiscation of property has been allowed and the application of the petitioner under Section 8(8) of PMLA for release of property has been dismissed in ECIR No. 06/Pat/2009.
2. The prosecution complaint under Section 45 of PML Act in ECIR No. 06/Pat/2009 was filed on 13.03.2012 against the firm M/s Nav Nirman Builders and Developers Pvt. Ltd. (A1) and Mr. Dharmveer Bhadoria (A2) (since dead) under Sections 3 and 4 of PML Act and also for confiscation of the provisionally attached property.
3. The order of confiscation was passed on account of death of main accused Dharmveer Bhadoria in ECIR No. 06/Pat/2009.
4. The case of the prosecution in brief is that FIR No. RC-20(A)/2009 was registered by the CBI, Ranchi on 22.10.2009 under Section 120B read with Sections 420, 467, 468, 471 of IPC and Section 13(2) read with Section 13(1
The legal presumption in the context of Section 24(b) of the PMLA and the reverse burden of proof against a person accused of an offence under Section 3 were central to the court's decision.
(1) Attachment and confiscation of property – Special Court cannot go into issues which higher forums have been entrusted with.(2) Section 8(7) and Section 8(8) of PMLA are stand-alone provisions – S....
Provisional attachment orders can be issued against those in possession of proceeds of crime, regardless of whether they are named as accused in the underlying criminal activity.
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