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2025 Supreme(Online)(ATFP) 351
APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI FPA-PMLA-1960/KOL/2017 Mr. Putul Gogoi … Appellant Versus The Deputy Director Directorate of Enforcement, Kolkata … Respondent Advocates/Authorized Representatives who Argued For the Appellant : Mr. Tushar Anand & Ms. Afsha Moin, Advocates.
For the Respondent : Mr. Pankaj Pandey, Ms. Aditi Bhardwaj, Ms. Komal Bharti, Mr. Mithunesh S. Advocates.
CORAM SHRI G.C. MISHRA : MEMBER SHRI RAJESH MALHOTRA : MEMBER
The appeal against property attachment under the Prevention of Money Laundering Act was dismissed, highlighting the link between properties and criminal activities.
Headnote:(A) Prevention of Money Laundering Act, 2002 - Section 5 - Appeal against provisional attachment of properties - Properties acquired prior to and post-scheduled offence - Attachment justified if property derived from crime or equivalent value present - Confirms action taken under PMLA against properties involved in money laundering. (Paras 3, 6-10)
(B) Proceeds of Crime - Definition - Encompasses property derived from criminal activity relating to scheduled offences and includes equivalent value. (Para 6)
(C) Burden of Proof - Lies with appellant to show that attached properties cannot be linked to proceeds of crime. (Para 7)
Facts of the case:
The appellant's properties were attached due to their connection with money laundering activities related to encashment of fraudulent railway cheques, with challenges to the attachment based on the timing of property acquisition.
Findings of Court:
Tribunal rejected the appellant's arguments regarding the timing and conditions of attachment, affirming the legitimacy of the E.D.’s actions.
Issues: (i) Could properties acquired prior to the alleged offence be attached? (ii) Could properties acquired after the alleged offence be attached? (iii) Were the attachment procedures complied with?
Ratio Decidendi: The Tribunal opined that properties could be attached if deemed equivalent in value to proceeds of crime and must demonstrate a reasonable link to criminal activities.
Result: Appeal dismissed.
FINAL ORDER
29.05.2025 Dictated By:
Rajesh Malhotra Present appeal under Section 26 of Prevention of Money Laundering Act, 2002 is filed by the appellant against the order dated 01.08.2017 passed by the Adjudicating Authority in Original Complaint No.741/2007, whereby the properties attached by E.D. vide Provisional Attachment Order dated 28.03.2017 were confirmed. The details of the properties of the appellant Putul Gogoi are as under:
| S.No. | Details of Property | Value in Jan. 09 |
| 1. | Plot of Land measuring 03 Kattha 5L at Dag No.448, PP No. 90, Mouza Godhulibazar, Borbam Grant, P.O. Amguri, District: Sivasagar, Assam. S.D. dated 10.07.2000 | Rs. 1.30 Lakh |
| 2. | Plot of Land measuring 03 Kattha 02L at Dag No. 418, PP No. 75, Mouza Godhulibazar, Baruapukuri Bagjan Grant, P.O. Amguri, District: Sivasagar, Assam. S.D. dated 17.03.1998 | Rs. 0.18 Lakh |
| 3. | Plot of Land measuring 02 Kattha, 14L at Dag No. 480, PP No. 148, Mouza Godhulibazar, Joradhara Grant, P.O. Amguri, District: Sivasagar, Assam. S.D. dated 02.11.2002 | Rs. 0.378 Lakh |
| 4. | Plot of Land measuring 01 Bigha, 01 Kattha, 08L at Dag No. 165, PP No. 135, Mouza Morabazar, Lafera Chowdang Grant, P.O. Amguri, District: Sivasagar, Assam. S.D. dated 12.10.2016 | Rs. 1.28 Lakh |
2. As per the facts of the case on 13.01.2009 the Vigilance Officer, North-East Frontier Railway (NF Railway) filed complaint before the Central Bureau of Investigation, Anti-Corruption Branch, Guwahati and accordingly, FIR was registered on the basis of said complaint on 20.01.2009 against the accused persons for the commission of offences under Section 120 B of IPC read with Section 409, 467, 471 & 511 IPC and also read with Section 13 (2) read with Section 13 (1) (c) (d) of Prevention of Corruption Act, 1988 and the substantiative offences thereunder. After completion of investigation, CBI filed charge-sheet before Ld. Special Judge, Bankshal Kolkata for the commission of offences under Section 120B IPC read with Section 379, 420, 461, 471 IPC and also read with Section 13 (2) read with Section 13 (1) (d) of Prevention of Corruption Act, 1988 and substantiative offences thereunder.
Accordingly, E.D. recorded ECIR No. KLZO/05/2011 on 23.05.2011 for initiating investigation for the commission of offences of money laundering under PMLA, 2002.
As per CBI investigation one cheque-book of 50 cheque leaves of Reserve Bank of India, Kolkata in the name of NF Railway bearing Serial No. 100001 to 100050 was replaced with the fake cheque-book and the leaves of original cheque-book were used to commit the fraud. Out of those cheques, seven cheques of N.F. Railway were encashed by the accused persons fraudulently and thereby they had withdrawn sum of Rs.1,32,82,341/- and thereafter money was siphoned off by the accused persons.
Investigation further revealed that cheque No. 100002 dated, 27.10.2008 of N.F. Railway for value of Rs. 9,82,675/- issued in favour of M/s. Shree Salasar Engineering Enterprise, Kolkata was encashed by Shri Raj Gopal Kankani, Business partner of Shri Deepak Marda, Proprietor of M/s Shree Salasar Engineering Enterprise through the Current Bank Account No. 060102000085302 of the said Firm with IDBI, Brabourne Road Branch, Kolkata on 29.10.2008 as per instruction of Deepak Marda.
It further revealed that on 29.10.2008 evening Sri Putul Gogoi reached Kolkata and checked into Hotel Marina at 34, Dr. Sundari Mohan Avenue, Kolkata along with his son, Master Trideep Gogoi. He had come to collect the proceeds of the fraudulent cheque. On 30.10.2008 Sri Raj Gopal Kankani handed over Rs. 4,00,000/- to Sri Putul Gogoi at their office at 24, Strand Road (1st floor), Kolkata in presence of Sri Deepak Marda. He kept the balance Rs. 1,00,000/- with himself to be shared between him and Sri Deepak Marda. In the afternoon, Sri Raj Gopal Kankani again went to IDBI Bank and withdrew Rs. 4,80,000/- from the account of M/s Shree Salasar Enterprises through cheque No. 612796 and was supposed to hand over the money to Shri Putul Gogoi as per his inst
