FINAL ORDER

24.07.2024 Dictated By: Rajesh Malhotra Present appeal is filed against the impugned order dated

27.08.2018 passed by the Adjudicating Authority in Original Complaint No. 918/2018 vide which PAO No. 06/2018 dated 19.03.2018 for attachment of the properties was confirmed as mentioned at page no. 4 to 6 of the impugned order, including the property of the appellant Pramod Kumar detailed as under:

House constructed by Pradumn Sharma & Pramod Sharma over ancestral land situated at Khata No. 84/85, Thana No.682, village Rustampur, P.S.- Hulasganj, District- Jehanabad. The value of construction cost has been reported to be Rs. 35,47,800/- vide letter No. 134 dated 28.01.2016 by the Executive Engineer, Bhawan Pramandal, Jehanabad.

2. As per the facts of the case, number of FIRs were registered against the Pradumn Sharma @ Kundan Ji @ Lalha @ Saket @ AnishJi S/o Late Anandi Sharma, r/o Rustampur P.S. Hulasganj, District- Jehanabad, Bihar and the other accused persons,including Pramod Sharma (herein appellant). It is alleged that they acquired huge properties in their name and in the name of their other family members by way of extortion etc.The details of some of the charge-sheet filed by the police against the accused persons are as under:

“Charge-sheet (supplementary) no. 132/07 dated 20.09.07 in FIR No.221/02 dated 03.11.2002 of P.S. Ghoshi, Jehanabad for contravention of section 307 of Indian Penal Code, 1860 and sections 25 (1-B)/26/27 of Arms Act, 1959.

Charge-sheet no. 313/07 dated 31.10.2007 in FIR No. 66/02 dated 18.04.2002 of P.S. Makhdumpur, Jehanabad for contravention of sections 385/387/120B of Indian Penal Code, 1860 and sections

3/4 of Explosive Substances Act, 1908.

Charge sheet no. 310/07 dated 31.10.2007 in FIR No. 63/02 dated 16.04.2002 of P.S. Makhdumpur, Jehanabad for contravention of sections 3/4 of Explosive Substances Act, 1908.

Charge sheet no. 18/02 dated 28.04.2008 in FIR No. 229/04 dated 16.04.2004 of P.S. Hulasganj, Jehanabad for contravention of sections 302/307 of Indian Penal Code, 1860 and section 27 of Arms Act, 1959.

Charge sheet No. 81/12 dated 17.12.2012 in FIR No. 44/12 dated 05.07.2012 of P.S. Hulasganj, Jehanabad for contravention of sections17/18/19/20/21//40 of Unlawful Activities (Prevention)

Act, 1967 and section 25 (1-B)/26(2) of Arms Act, 1959.

Charge sheet no. 40/16 dated 29.02.2016 in FIR No. 160/15 dated 21.06.2015 of P.S. Ghoshi, Jehanabad for contravention of sections 399/402/385/387 of Indian Penal Code, 1860 and sections 16/18/20/21 of Unlawful Activities (Prevention) Act, 1967.

FIR No. 92/15 dated 06.12.2015 of P.S. Hulasganj, Jehanabad for contravention of section 384/385 of Indian Penal Code, 1860 and sections 17/18 of Unlawful Activities (Prevention)

Act, 1967. Charge-sheet has not yet been filed.”

On the basis of said information, ECIR was registered vide ECIR No. PTZO/04/2016 dated 29.08.2016, for investigation under PMLA.

During investigation, respondent ED recorded the statement of many persons u/s 50 of PMLA. Pramod Sharma @ Prabhakarji @ Pramod Singh stated that many cases are registered against him for commission of offences of extortion, collecting levy etc. His brother Pradumn Sharma fled away from the house in 1995 and joined CPI (Maoist) and is also indulged in unlawful activities like extortion, collection of levy etc. He was also a member of Communist Party of India from 1995 to 2006. He stated that after 2006, he engaged himself in the cultivation of 9 to 10 bighas of land and cattle rearing. He stated that his gross income from agriculture was from Rs. 4 to 5 lakhs,but he used to incur expenses of