APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI MP-PMLA-10413/KOL/2022 (Misc.)

MP-PMLA-9101/KOL/2021 (Stay)

FPA-PMLA-4358/KOL/2021 Ayush Kejriwal … Appellant Versus The Deputy Director, Directorate of Enforcement, Kolkata … Respondent Advocates/Authorized Representatives who appeared For the Appellant : Shri Ankit Agarwal, Advocate For the Respondent : Shri Arjun Sawhney Ms. Mansi Srivastava, Advocates CORAM JUSTICE MUNISHWAR NATH BHANDARI : CHAIRMAN SHRI BALESH KUMAR : MEMBER

FINAL ORDER

01.05.2024 FPA-PMLA-4358/KOL/2021 The appeal has been preferred under Section 26 of the Prevention of Money Laundering Act, 2002 (in short ‘the Act of 2002‟) to challenge the order dated 09.09.2021 passed by the Adjudicating Authority confirming the order under Section 17(1) of the Act of 2002.

2. The learned counsel for the appellant submits that a search was conducted after recording ECIR. The documents belonging to the appellant were seized invoking Section 17(1) of the Act of 2002. It is without realising that no FIR or ECIR has been lodged against the appellant and otherwise he was not in possession of the ‘proceeds of crime‟. The appellant was, however, served with a show cause notice and aggrieved