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M. S. RAMESH, SUNDER MOHAN
Visveswar Vijayagopalan – Appellant
Versus
Deputy Director/Authorised Officer, Office of the Joint Director, Directorate of Enforcement – Respondent
ORDER :
(M.S. Ramesh, J.) :
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records of the respondent with regard to the impugned order of Provisional Attachment passed by the respondent under Section 5(1) of the Prevention of Money Laundering Act, 2002 vide Provisional Attachment Order No.07/2019 dated 29.05.2019 and was subsequently, confirmed by the adjudicating authority vide O.C.No.1155/2019 in File No.ECIR/CEZO/03/PMLA/2016, dated 26.11.2019 issued under Section 5(1) of the Prevention of Money Laundering Act, 2002 dated 05.11.2019 insofar as the Schedule Property are concerned and quash the same as untenable in law, unreasonable, illegal and further to direct the respondent to hand over the possession to the petitioner.)
This Writ Petition has been filed seeking quashment of the impugned Provisional Attachment Order No.07/2019 dated 29.05.2019 passed by the respondent, which was subsequently confirmed by the Adjudicating Authority vide O.C.No.1155/2019 in File No.ECIR/CEZO/03/PMLA/2016, dated 26.11.2019, issued under Section 5(1) of the Prevention of Money Laundering Act, 20
Money Laundering – Provisional Attachment Order – Formation of opinion must bear a proximate and live nexus to purpose of protecting interest of Government revenue.
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.
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....
The definition of 'proceeds of crime' under PMLA is broad enough to include properties acquired before the investigation, affirming the authority's jurisdiction.
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....
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