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N. SENTHILKUMAR, S. M. SUBRAMANIAM
Subair – Appellant
Versus
National Investigation Agency – Respondent
JUDGMENT :
S.M. SUBRAMANIAM, J.
Prayer: Criminal Appeals filed under Section 21 of National Investigation Agency Act, 2008, to call for the records relating to the order dated 06.02.2024 made in Crl. M.P. No. 2476 of 2023 in Spl. S.C. No. 17 of 2022 on the file of Special Court under the National Investigation Agency Act, 2008 (Sessions Court for Exclusive Trial of Bomb Blast and POTA Cases), Chennai at Poonamallee, Chennai-600056 and set aside the order of attachment and allow above appeals.
FACTUAL MATRIX:
1. The present criminal appeals have been instituted challenging the order dated 06.02.2024 passed in Crl. M.P. No. 2476 of 2023 in R.C. No. 03/2018/NIA/DLI.
2. The National Investigation Agency represented by Inspector of Police/respondent filed a petition under Section 33 of Unlawful Activities (Prevention) Act, 1967 [hereinafter referred as “UA(P) Act”] seeking attachment of the property of the 1st appellant/Accused No. 3, who is the son of 2nd appellant Mrs. Nabeesa Sulaiman.
2.1 It is not in dispute between the parties that the Spl. S.C. No. 17 of 2022 is pending on the file of the Special Court under the National Investigation Agency Act, 2008. Charges were framed by the Trial
The court affirmed that the NIA can seek property attachment under Section 33 of the UA(P) Act during trial, independent of the definition of proceeds of terrorism.
The court affirmed the seizure of funds under the UAPA, establishing that the funds were proceeds of terrorism linked to extortion activities by a terrorist organization.
The court affirmed the validity of property attachment under the U.A.P.A., confirming jurisdiction and procedural adherence despite contestation of unlawful association status.
(1) Accused shall not be entitled to be released on bail only that there are reasonable grounds for believing that accusation against such person is prima facie.(2) Once UA(P) Act is invoked, Magistr....
The court emphasized the necessity of clear evidence linking assets to proceeds of terrorism for lawful attachment under the UA(P)A.
Money Laundering – Provisional Attachment Order – Formation of opinion must bear a proximate and live nexus to purpose of protecting interest of Government revenue.
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