ORDER

28.04.2025

By a batch of these appeals, a challenge has been made to the order dated 30.09.2022 passed by the Adjudicating Authority confirming the Provisional Attachment Order No. 05/2022 dated 26.04.2022 of the properties of the appellants.

2. It is a case where the FIR was registered against the accused Shri Umesh Aggarwal, Shri D. Rajan apart from the other accused for commission of offence under Section 27(1)(e) IV of the Kerala Forest Act, 1961 and under Section 2(16), 2(35), 2(36), 9, 39, 41, 50, 51 and 52 of the Wildlife (Protection) Act, 1972 ( in short “ the Act of 1972”) for their involvement in multiple offences relating to the Act of 1972. The accused trespassed reserve forest area for hunting of wild elephants and removing of tusk apart from illegally trading of ivory and ivory articles made out of it. In all, seven FIRs were registered for commission of offence under the Act of 1972 where the accused, Shri Umesh Aggarwal, Shri D. Rajan and Shri Aji Bright were found engaged in buying and selling the ivory @ Rs. 28000/- per kg. The accused were found involved carving ivory to make idols of Ganapathi, Balajee, Thirupathi. Their statements under Section 50(2) & (3) of the Prevention of Money-Laundering Act, 2002 ( in short “the Act of 2002” were recorded which revealed deep involvement of the accused for commission of offence and out of which proceeds in the hands of the appellant, Shri Umesh Aggarwal and Shri D. Rajan was determined. The properties were accordingly attached in reference to it.

3. It has come on record that in search of residential premises of the appellant, Shri Umesh Aggarwal,sculpture made of ivory and other articles were recovered on 12.10.2015. He was then arrested on the same day. The appellant, Shri Umesh Aggarwal had admitted for his business in the handicrafts in Delhi and supplies of handicrafts to all the parts of the India. His main business was of ivory. It was admitted that the accused are involved in trade of ivory products and gets high price out of the sale of the ivory sculptures within India and outside India. The appellant, Shri D. Rajan was in close association of Shri Umesh Aggarwal and involved even in carving the ivory to make idols of Ganapathi, Balajee, Thirupathi.

4. The charge-sheet was filed after completion of the investigation where it was found that the appellants, Shri Umesh Aggarwal and Shri D. Rajan apart from Shri Aji Bright and Shri Preeston Silva were involved in illegal trading of ivory and ivory products. They were key accused and responsible for commission of offence. The persons named above conspired with other accused persons for execution of the offence. Instances of hunting of wild elephants and removing of tusks to modifying the stolen ivory to sculptures for sale in India and abroad was revealed. The sale and purchase of the ivory is prohibited so as its possession. However, in disregard to the provisions of the Act of 1972, the appellants, Shri Umesh Aggarwal and Shri D. Rajn were found involved in commission of crime.

5. The other appellants, Smt. Vidhi Aggarwal and Smt. Mini K are the wives of Shri Umesh Aggarwal and Shri D. Rajan respectively. Their properties have been attached finding layering of the proceeds of crime through them. Arguments of the Counsel for the appellants:

6. The Ld. Counsel for the appellants submitted that attachment of the properties by the respondent is in ignorance as to whether it was acquired or obtained directly or indirectly as a result of criminal activity resulting to scheduled offence. The properties attached by the respondent have no nexus to the commission of the crime, rather, in the case of Shri D. Rajan, the properties were purchased much prior to commission of crime. One property was purchased in the year 1992 while the other property was purchased in the year 2001, yet both the immovable properties have been attached by the respondent in ignorance of the fact that it was not acquired or obtained directly or i