FINAL ORDER

25.11.2025

Vide these two appeals, the appellants have challenged the order of the Ld. Adjudicating Authority (AA) dated 12.08.2014 passed under section 8 of the Prevention of Money Laundering Act, 2002 (PMLA) in Original Complaint (OC) No. 290/2014, confirming the attachment of various properties. The appellant in FPA-PMLA/662/SNR/2014, Mr. Mustaq Peer, is the primary accused in the scheduled offence case, and the appellant in FPA-PMLA/661/SNR/2014, Ms. Irqa Mustaq @ Iqra Mustaq, is the daughter of Mr. Mustaq Peer. Property standing in her name has also been attached in the proceedings against her father. The attachment of the following properties belonging to the appellants was confirmed vide the impugned order:

i. Plot of five Marlas (approx.) with shed at Lane No. 11, Sidra, Jammu.

ii. Flat No. 4, upper ground floor, Building No. 125, Block-A, Freedom Fighter Enclave, Neb Sarai, Near gate no. 2, New Delhi.

iii. Flat No. 2/2A at Custodian General Flat situated at Wazarat Road, Jammu.

iv. Rs. 4,57,243/- in the A/c No. 041510000002228 in HDFC Bank, Residency Road, Srinagar in the name of Sh. Mushtaq Ahmad Peer.

v. Rs. 6,40,790/- in the A/c No. 04151530005241 in HDFC Bank, Residency Road, Srinagar in the name of Mrs. Iqra Mushtaq.

2. Aggrieved by the said order of the Ld. Adjudicating Authority, the appellants have filed the present appeals challenging the same on various grounds as discussed below.

FPA-PMLA-662/SNR/2014

3. This appeal has been filed by Mr. Mushtaq Peer. It is contended by the appellant that the order of the Ld. AA is devoid of any merit and liable to be discarded as same is based on tainted investigation. The appellant has, firstly, prayed that the present proceedings may be deferred as his appeal against the conviction and sentence is pending before Hon'ble High Court of J & K and the conviction and sentence have already been suspended by Hon'ble High Court and challenge to the same before Hon'ble Supreme Court was also dismissed by the Apex Court with direction for early disposal of appeal.

4. It is contended that the appellant has been falsely implicated in a false and frivolous case by the Crime Branch, J&K by registering FIR 24/2013 dated 24/9/13 due to political intolerance and ill motives as the appellant refused to act under pressure and did not allow the illegal things in the process of selection. In March, 2009, he was appointed Chairman of the J & K Board of Professional Entrance Examination (BOPEE) for three years. His tenure in the BOPEE, was extended by the Government considering appellant‟s excellent service. The appellant retired from the active service from the University on 30/8/2010, but continued as Chairman BOPEE. His last drawn salary as Professor was of Rs. 1,17,260/- per month. Thereafter, he continued to draw his emoluments as pension and pay equivalent to the said amount monthly.

5. It is stated that the emoluments drawn by the appellant in the last 10 years of his service, i.e., from September 2002 to December 2012, works out to be Rs. 1,14,71,200/-. Furthermore, at the time of his retirement, the appellant received retirement benefits to the tune of Rs. 40,00,000/-, which includes leave salary, gratuity etc. The above facts also establish that in the last 10 years of service, the appellant had received Rs. 1,80,71,200/- as emoluments from his service.

6. It is further contended that in addition, the appellant‟s wife, Professor Tabushum Ara, retired as Principal, Government College for Women, Baramulla in 2009. After her retirement, she joined as Member, Jammu & Kashmir Service Selection Board in the year 2010 and finally retired on 13th of March, 2012. The last salary drawn by her was Rs. 1,02,578/- per month. Similar calculation for the last 10 years‟ salary in her case works out to Rs. 1,23,08,160/-. Further, she also received retirement benefits, including leave salary, gratuity etc. amounting to Rs. 35 lakhs. As such, it is contended that for the last 10 year of service (2002 to