Back
UJJAL BHUYAN, SUREPALLI NANDA
Madhu Koneru – Appellant
Versus
Directorate of Enforcement, rep. by Assistant Director, Hyderabad – Respondent
JUDGMENT :
Ujjal Bhuyan, J.
Heard Mr. D. Prakash Reddy, learned Senior Counsel appearing for the petitioner and Mr. Anil Prasad Tiwari, learned Standing Counsel for respondent Nos.1 to 4.
2. By filing this petition under Article 226 of the Constitution of India, petitioner has prayed for the following reliefs :
(ii) to set aside the Provisional Attachment Order No.11/2021 bearing F.No.ECIR/HYZO/08/2011/5361 dated 25.11.2021 issued by respondent No.3.
3. Be it stated that by way of the impugned summons dated 11.11.2021 issued under sub-sections (2) and (3) of Section 50 of the Prevention of Money Laundering Act, 2002, respondent No.2 called upon the petitioner to furnish complete details regarding his policies bearing Nos.MO22000752, MO22002114, 3018724Z and 3018697D held with RL360 Insurance Company Limited, UAE, including present status and valuation as well as details regarding source for the premium amounts paid for the above insurance policies.
4. By the Provisional Attachment Order No.11/2011 dated 25.11.2021 issued under the first proviso to sub-section (1) of Section 5 of the
Point of Law : ‘Proceeds of crime’, property sought to be attached should have been derived or obtained directly or indirectly as a result of a criminal activity relating to a scheduled offence.
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 Orders must have justified legal grounding, requiring explicit evidence of connections to alleged criminal activity, and prior judicial conclusions limit enforcement authority ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
