ORDER

11.01.2024

1. The Directorate of Enforcement has preferred this appeal under section 26 of the Prevention of Money Laundering Act, 2002 (in short refer to the Act of 2002). It is to challenge the order dated 14.12.2020 passed by the Adjudicating Authority on an Original Complaint Number 132420. It has denied confirmation of the attachment of immovable property.

Brief facts of the case:-

2. It is submitted that a First Information Report (F.I.R.) bearing number 276 / 2019 was registered on 26.12.2019 against non- appellant, Sandeep Arjun Vazarkar and other respondents for commission of offence punishable under section 419, 420, 467 and 471 of IPC. It was alleged that the respondent had fraudulently taken possessional right of an immovable property of Survey Number 404, Sub-Division - 1, having an area of 7975 square meter in village Socorro. It is by im-personating Mr. Arjun Mahadev Vazarkar who expired on 17.05.2005 itself but forging his signature on application dated 25.10.2017, mutation of the land was sought. it was also alleged that Sh. Agnelo C Lobo, the Attorney of Communidade of Serula, issued NOC on 19.11.2017 to carry out mutation of the land without verification of the details of Arjun Mahadev Vazarakar.

3. The accused person produced forged documents as genuine before the authorities for mutation process and succeeded in deleting the name of Arjun Mahadev Vazarakar and entering their names in the revenue record.

4. Based on the material, the Appellant Department recorded an ECIR on 27.02.2020 against the respondents for the offence under PMLA Act of 2002.

5. The mutation application dated 25.10.2017 was submitted by dead person namely Arjun Mahadev Vazarakar under section 96 of the Land Revenue Code, 1968 for the mutation of the property claiming to be the owner by virtue of Aforamento of Comunidade of Serula.

6. In the investigation under the Act of 2002, the commission of offence was found and for ready reference we reproduce material found in the investigation and quoted by the Adjudicating Authority in para 10. It is reproduced hereunder:

10. During the course of investigation under the provisions of PMLA, 2002, it was revealed that:

i. Sh. Sandeep Vazarkar, in connivance with Sh. Sandeep Vazarkar both sons of Late Sh. Arjun Mahadev Vazarkar, signed and submitted the mutation application dated 25.10.2017 in the name of Late Sh. Arjun Mahadev Vazarkar regarding mutation entry in survey No. 404/1 of Socorro, Bardez, Goa before the office of the Mamlatdar of Bardez on 25.10.2017. The alleged title documents in Portuguese pertaining to the said immovable property surveyed under Sy. No. 404/1 of Village Socorro, Bardez Goa, i.e. File bearing no. 205 of 1963 of the office of Administrator of Comunidades Bardez in respect of Aforamento of Comunidade of Serula were also submitted along with the said mutation application dated 25.10.2017, thereby fraudulently applying for mutation application dated 25.10.2017, thereby fraudulently applying for mutation application for the immovable property situated at Sy. No. 404/1 of Socorro, Bardez, Goa. The contact number mentioned in the said mutation application dated 25.10.2017 was 9818151515 that is being used by Sh. Sandeep Vazarkar, although the said number belongs to Sh. Shivdas Vazarkar.

ii. In response to the letter dated 26.10.2017 issued by Jt. Mamlatdar II Mapusa, Bardez, Goa, Sh. Rohan J. Kaskar, the then Administrator of Comunidades, North Zone, Mapusa, Bardez, Goa vide letter dated 14.11.2017, replied to the Jt. Mamlatdar II, Mapusa that the documents submitted by Sh. Arjun Mahadev Vazarkar showed that those were certified copies from his office despite the fact that the same could not be traced in his office. He submitted that if any objection application for mutation may be decided on its own merit, keeping note of the said facts. The then Administrator of Comunidade did not raise any objection to the office of Mamlatdar, Mapusa, in respect of the mutation application da