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APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI

MP-PMLA-134/KOL/2025 Stay

FPA-PMLA-71/KOL/2025

S K Sahajhan … Appellant

Versus

The Deputy Director,

Directorate of Enforcement, Kolkata … Respondent

Advocates/Authorized Representatives who appeared

For the Appellant : Shri Nitin Sangra, Shri Upmanyu

Tewari, Advocates

For the Respondent : Shri Himanshu Jain, Advocate

CORAM

JUSTICE SHRI MUNISHWAR NATH BHANDARI : CHAIRMAN

FINAL ORDER

12.05.2026

The Appeal has been preferred under Section 26 of the Prevention of

Money Laundering Act, 2002 (in short ‘the Act of 2002’) against the order

dated 08.08.2024 passed by the Adjudicating Authority. By the impugned

order, the Adjudicating Authority has confirmed provisional attachment of

the property.

2. The Learned Counsel for the Appellant, on instructions, submits that

he needs not to press the Appeal against the attachment of the property if

possession of the property is not taken till conclusion of the trial. It is

submitted that an order to maintain status quo may be passed by this

Tribunal. It is for the reason that no exceptional reason for taking

FPA-PMLA-71/KOL/2025 Page 1 of 3

possession exists. The release of property may be kept subject to the

outcome of the trial and as per Section 8(5) to 8(8) of the Act of 2002.

3. The Learned Counsel for the Respondents submits that if the

attachment of the property and its confirmation are not questioned rather

Appellant is not pressing the Appeal to question those orders, and would be

satisfied only if the possession is not taken, this Tribunal may pass an

appropriate order on possession but property would be neither alienated nor

transferred during the pendency of the trial in the criminal case.

4. We have heard the counsel for the parties. The Appeal has been

preferred to challenge the provisional attachment order and its confirmation

by the impugned order. The Counsel for the Appellant, on instructions,

submits that his client is not inclined to press the Appeal for challenge to the

impugned orders if the possession of the property is not taken. A reference

to the similar orders passed by the Tribunal has been given and accordingly

prayer is made that subject to the outcome of the trial in pursuance to ECIR,

the attached property may be dealt with under Section 8(5) to 8(8) of the Act

of 2002.

5. In view of the judgment of the Apex Court in the case of Vijay

Madanlal Choudhary and Others v. Union of India & Ors. reported in

(2022) SCC Online 929, the possession can be taken if exceptional reason

exists. Accordingly, the Appeal is disposed of without causing interference in

the provisional attachment order so as the order of its confirmation. The

parties would, however, maintain status-quo in regard to the possession as

is existing today. The Appellant would not alienate or transfer the property

till conclusion of the trial. Subject to the outcome of the trial, the Appellant

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would be entitled for an order under Section 8(5) to 8(8) of the Act of 2002 if

a case is made out and accepted by the Special Court.

6. It is made clear that this order would not be taken adverse to the

Appellant and any observation in the impugned orders would not be binding

on the trial rather it would pass the order independently and based on the

evidence led before it.

If any of the property is on lease/ rent, or is given on lease/ rent in

future, then it would be governed as per Prevention of Money-laundering

(Taking Possession of Attached or Frozen Properties Confirmed by the

Adjudicating Authority) Rules, 2013. The amount of lease/ rent would be

accounted to the ED and is to be kept in the FD to earn reasonable interest.

The FD would remain subject to final outcome of the trial. The appellant

would furnish an affidavit to the ED periodically in every three months to

show status of the property whether it has been rented/ leased out or not.

The ED would be at liberty to verify the veracity of the affidavit and if it is

found to be incorrect, to make an application i