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SURESHWAR THAKUR, SUDEEPTI SHARMA
Varinder Pal Singh Dhoot – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant writ petition, the petitioner herein seeks the quashing/setting aside of notice of eviction dated 06.06.2024 (Annexure P-2), as became issued under Section 8 (4) of the Prevention of Money Laundering Act, 2002 (hereinafter for short called as ‘the PMLA’), provisions whereof are extracted hereinafter.
(1) xxxx xxxx
(2) xxxx xxxx
(3) xxxx xxxx
(4) Where the provisional order of attachment made under sub-section (1) of section 5 has been confirmed under subsection (3), the Director or any other officer authorised by him in this behalf shall forthwith take the possession of the property attached under section 5 or frozen under subsection (1A) of section 17, in such manner as may be prescribed:
Provided that if it is not practicable to take possession of a property frozen under sub-section (1A) of section 17, the order of confiscation shall have the same effect as if the property had been taken possession of.
(5) xxxx xxxx
(6) xxxx xxxx .....”
2. The learned counsel for the petitioner submits, that the said eviction notice, is illegal and violative of the settled law, as enunciated by the Apex Court in a verdict rendered in cas
Possession under Section 8(4) of the PMLA should be an exception, not a rule, and requires careful consideration of the case's specific circumstances.
: Attachment of property – The moment provisional order of attachment of property made under Section 5(1) of Prevention of Money Laundering Act, 2002 is confirmed by Adjudicating Authority after foll....
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.
Money Laundering – Provisional Attachment Order – Formation of opinion must bear a proximate and live nexus to purpose of protecting interest of Government revenue.
The main legal point established is the importance of following the procedures for adjudication and the availability of alternative remedies under the Prevention of Money Laundering Act, 2002.
The court upheld the necessity of exhausting statutory remedies under the Prevention of Money Laundering Act before invoking writ jurisdiction, affirming that 'proceeds of crime' includes property in....
The authorized officer has the jurisdiction to take possession of the property attached immediately upon the passing of the order of attachment by the Adjudicating Authority, without waiting for the ....
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