APPELLATE TRIBUNAL FOR FORFEITED PROPERTY
Muhammed Nameer Mohamed Sadiq Sajitha Haris Parambil Peedika Abdulla Meethal Madathil Faseela Mubassir Hussain Mubasheer Muhammed Haris Abdul Salam Karkkidan Kunnan Naushad Palliyali Faizal Muhammed Moideen Hafis Muhammad Muhammed Ali Shafeeq Abdul Salam Kasim – Appellant
Versus
The Deputy Director Directorate of Enforcement Delhi – Respondent
FPA-PMLA-1142/DLI/2024
APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI
1. MP-PMLA-2494/DLI/2024 (Exemp.)
MP-PMLA-2493/DLI/2024 (Stay)
FPA-PMLA-1142/DLI/2024 Muhammed Nameer … Appellant
2. MP-PMLA-2496/DLI/2024 (Exemp.)
MP-PMLA-2495/DLI/2024 (Stay)
FPA-PMLA-1143/DLI/2024 Mohamed Sadiq … Appellant
3. MP-PMLA-2498/DLI/2024 (Exemp.)
MP-PMLA-2497/DLI/2024 (Stay)
FPA-PMLA-1144/DLI/2024 Sajitha … Appellant
4. MP-PMLA-2500/DLI/2024 (Exemp.)
MP-PMLA-2499/DLI/2024 (Stay)
FPA-PMLA-1145/DLI/2024 Haris Parambil Peedika … Appellant
5. MP-PMLA-2502/DLI/2024 (Exemp.)
MP-PMLA-2501/DLI/2024 (Stay)
FPA-PMLA-1146/DLI/2024 Abdulla Meethal Madathil … Appellant
6. MP-PMLA-2504/DLI/2024 (Exemp.)
MP-PMLA-2503/DLI/2024 (Stay)
FPA-PMLA-1147/DLI/2024 Faseela Mubassir Hussain … Appellant
7. MP-PMLA-2506/DLI/2024 (Exemp.)
TP MP-PMLA-2505/DLI/2024 (Stay)
PMLA FPA-PMLA-1148/DLI/2024 Mubasheer … Appellant
8. MP-PMLA-2508/DLI/2024 (Exemp.)
MP-PMLA-2507/DLI/2024 (Stay)
Muhammed Haris … Appellant
9. MP-PMLA-2510/DLI/2024 (Exemp.)
MP-PMLA-2509/DLI/2024 (Stay)
FPA-PMLA-1150/DLI/2024 Abdul Salam Karkkidan Kunnan … Appellant
10. MP-PMLA-2512/DLI/2024 (Exemp.)
MP-PMLA-2511/DLI/2024 (Stay)
FPA-PMLA-1151/DLI/2024 Naushad Palliyali … Appellant
11. MP-PMLA-2514/DLI/2024 (Exemp.)
MP-PMLA-2513/DLI/2024 (Stay)
FPA-PMLA-1152/DLI/2024 Faizal … Appellant
12. MP-PMLA-2516/DLI/2024 (Exemp.)
MP-PMLA-2515/DLI/2024 (Stay)
FPA-PMLA-1153/DLI/2024 Muhammed Moideen … Appellant
13. MP-PMLA-2518/DLI/2024 (Exemp.)
MP-PMLA-2517/DLI/2024 (Stay)
FPA-PMLA-1154/DLI/2024 Hafis Muhammad … Appellant
14. MP-PMLA-3076/DLI/2024 (A.D.) MP-PMLA-2520/DLI/2024 (Exemp.)
MP-PMLA-2519/DLI/2024 (Stay)
FPA-PMLA-1155/DLI/2024 Muhammed Ali Shafeeq … Appellant
15. MP-PMLA-2522/DLI/2024 (Exemp.)
MP-PMLA-2521/DLI/2024 (Stay)
FPA-PMLA-1156/DLI/2024 Abdul Salam Kasim … Appellant V/s The Deputy Director Directorate of Enforcement, Delhi … Respondent Advocates/Authorized Representatives who appeared For the Appellants : Mr. Shameem Ahmed, Advocate For the Respondent : Ms. Nattasha Garg, Advocate CORAM JUSTICE MUNISHWAR NATH BHANDARI: CHAIRMAN SHRI G. C. MISHRA : MEMBER
FINAL ORDER
12.01.2026 By this batch of appeals under Section 26 of the Prevention of Money Laundering Act, 2002 (in short `the Act of 2002’), a challenge has been made to the order dated 08.04.2024 passed by the Adjudicating Authority confirming the Provisional Attachment Order dated 02.11.2023.
Brief facts of the case:
2. It is a case where multiple FIRs were registered for the offences under the provisions of Indian Penal Code, Unlawful Activities (Prevention Act) and Income Tax Act. It is alleged that a group of PFI activists entered into criminal conspiracy to impart training to their cadres. It was even for use of explosive weapons with intention to promote enmity between different religious group and prepared them for terrorist activities. On the basis of the FIR, ECIR was recorded by the respondents finding a case under the scheduled offences.
3. The investigation revealed that one Mr. KA Rauf Sherif, a PFI Member and National General Secretary of CFI entered into criminal conspiracy with other members to fraudulently transfer Rs.1.36 Crores from abroad in the guise of payments related to international trade of goods. The money was routed to PFI and its related entities to remit suspicious funds from abroad through bogus and mala-fide transactions. During the search conducted on 03.12.2020 at the PFI’s Kerala State Headquarters at Unity House, Kozhikode Kerala, some digital devices were recovered and seized. Out of the seized devices, a document was extracted containing a list of entities used by the PFI for holding benami properties on their behalf. One such entity was a company under the name and style of M/s Multiflor Builders Pvt. Ltd. (MBPL).
4. Further analysis revealed a bank account and the KYC documents held in the name of MBPL. It had received a sum of Rs.1.58 Crores from one Thameem EK on 16.10.2020. The above stated bank account is an NRE account and the credits in this account were from foreign countries.
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