ORDER

05.12.2024

By these appeals, a challenge has been made to the order dated 25.09.2024 passed by the Adjudicating Authority whereby the Misc. Application filed by the appellant to seek the copy of the “reason to believe” recorded by the Enforcement Directorate (in short “ED”) under Section 17 of the Prevention of Money-Laundering Act, 2002 ( in short “the Act of 2002”) has been dismissed The Ld. Counsel for the appellant submitted that by ignoring the mandate of Section 17(1) read with Section 8(1) of the Act of 2002, the application filed by the appellant has been dismissed.

For challenge to the impugned order, heavy reliance was placed on the judgment of the Delhi High Court in the case of J.K. Tyre and Industries Ltd. vs. Directorate of Enforcement reported in 2021 SCC OnLine Del 4836. It is submitted that as per the provision of Section 17(1) read with Section 8(1) and the rules made therein,it was obligated on the part of the Adjudicating Authority to supply all the relied upon documents, which includes “reasons to believe” recorded by the EDfor invoking Section 17 of the Act of 2002 for search and seizure. Reference to para 29, 80 to 87 of the judgment (supra) was given to s