SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Online)(ORI) 221

ORISSA HIGH COURT
K.R.MOHAPATRA, J
M/S.DEEPAK STEEL AND POWER LTD. – Appellant
Versus
ADJUDICATING AUTHORITY – Respondent


Advocates:
Mr. Gouri Mohan Rath, Advocate; Mr. Sagar Ranjan Panigrahi, Advocate; Mr. Bibekananda Nayak, CGC

JUDGEMENT

K.R. Mohapatra, J.-

1. This matter is taken up through hybrid mode.

2. Petitioner in this writ petition assails the initiation proceeding under Section 8 of the Prevention of Money Laundering Act, 2002 (for brevity ‘the Act, 2002’) and consequential show cause notice dated 19th June, 2015 under Annexure-5. He further prays to keep the said proceeding in W.P.(C). No.14164 of 2015 abeyance till completion of trial in VGR No.05 of 2013 pending in the Court of learned Special Judge, (Vigilance), Keonjhar.

3 . Mr. Rath, learned counsel for the Petitioner submits that the initiation proceeding under Section 8 of the Act, 2002 is per se illegal as the Petitioner being an accused in the proceeding under the Act 2002 is compelled to disclose the sources of income, earning or assets, out of which or by means of which, he has acquired the property, provisionally attached. He can make such a disclosure only at the stage of recording of the statement of the accused. Trial under the Act, 2002 is continuing and it has not yet reached the stage of recording the accused statement. At this stage, if the Petitioner discloses his defence, it will be utilized against him to prove the charges, w

                Click Here to Read the rest of this document
                1
                2
                3
                4
                5
                6
                7
                8
                9
                10
                11
                SupremeToday Portrait Ad
                supreme today icon
                logo-black

                An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                Please visit our Training & Support
                Center or Contact Us for assistance

                qr

                Scan Me!

                India’s Legal research and Law Firm App, Download now!

                For Daily Legal Updates, Join us on :

                whatsapp-icon telegram-icon
                whatsapp-icon Back to top