Back
SUREPALLI NANDA
Dhara Prasad – Appellant
Versus
Union of India – Respondent
ORDER :
Surepalli Nanda, J.
Heard Mr. Pasham Mohith, learned counsel appearing on behalf of the petitioners, Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India, appearing on behalf of respondent No.1 and Mr. Anil Prasad Tiwari, learned counsel appearing on behalf of respondent No.2.
PRAYER:
2. The Petitioners approached the Court seeking prayer as under :
3. PERUSED THE RECORD :
(A) The impugned Notice F.No.ECIR/CEZO-I/09/2021 dated 10.10.2022 reads as under :
| FORM I
[sub-rule (1) of rule 6 of the Prevention of Money Laundering (Taking Possession of Attached or Frozen Properties Confirmed by Adjudicating Authority) Rules, 2013]
NOTICE FOR TAKING POSSESSION UNDER SUB-SECTION (4) OF SECTION (8) OF THE PREVENTION OF MONEY LAUNDERING ACT, 2002 READ WITH RULE 5 OF THE PREVENTION OF MONEY LAUNDERING (TAKING POSSESSION OF ATT |
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.
The court established that mandatory notice requirements under the Prevention of Money Laundering Act must be adhered to, or the attachment order is invalid.
The court emphasized the necessity of communicating judicial orders to affected parties, particularly when they are in custody, as a fundamental aspect of natural justice.
The court established that failure to provide notice to a lawful property owner before attachment under the Prevention of Money Laundering Act violates legal requirements and principles of natural ju....
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.
The court emphasized the availability of an alternate efficacious remedy within the scope of the PMLA Act and upheld the decision to relegate the Appellant/Bank to the Adjudicating 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
