TMI Blog2024 (4) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... the adjudicating authority, under the Act, before the Appellate Tribunal constituted under Section 25 therein. This appeal is to be filed within 45 days from the date of receipt of the copy of the order. The proviso to Section 3 of Section 26 empowers the Appellate Tribunal to condone the delay beyond the period of limitation of 45 days. Thus, the scheme of the Act provides for two appeals, i.e. first to the Appellate Tribunal and the second appeal, both on law and on fact, to this Court. Looking to the scheme of the Act, where the second appeal is before the very Court where the petitioner has now chosen to invoke its power under Article 227, it would be inappropriate for this Court to exercise its writ powers under Article 227 of the Cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rried out on 15.11.2020 under Section 17(4) of the PMLA at the premises of the petitioner, certain foreign currency was seized by the authorities and an offence was registered in FIR No. 34/14 under Section 420, 471 and 120B IPC, which are scheduled offences under the PMLA, against the petitioner and several other persons. Upon further investigation being conducted a charge-sheet bearing No.55/2020 was instituted on 25.06.2020 before the Special Court at Mapusa. 2. An application under Section 17(4) of the PMLA was filed by the authorities on 04.12.2020 before the adjudicating authority for adjudication under Section 8 of the Act. The impugned order has been passed on that application in terms of sub-Section 2 and 3 of Section 8. 3. The mai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 8 of the Act. 7. If one goes through the scheme of the PMLA, sub-Section 1 of Section 26 provides for the filing of an appeal by any person aggrieved by an order made by the adjudicating authority, under the Act, before the Appellate Tribunal constituted under Section 25 therein. This appeal is to be filed within 45 days from the date of receipt of the copy of the order. The proviso to Section 3 of Section 26 empowers the Appellate Tribunal to condone the delay beyond the period of limitation of 45 days. 8. Against orders passed by the Appellate Tribunal further appeal is provided in terms of Section 42 of the PMLA to the High Court within a period of 60 days from that order. Such appeal to the High Court can be maintained on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n could be assigned by the appellant s counsel to demonstrate why the appellate jurisdiction of the High Court under Section 35 of FEMA does not provide an efficacious remedy. In fact there could hardly be any reason since the High Court itself if the appellate forum. 37. In view of such consistent opinion of this Court over several decades were are constrained to hold that even if the High Court had territorial jurisdiction it should not have entertained a writ petition which impugns an order of the Tribunal when such an order on a question of law, is appealable before the High Court under Section 35 of FEMA. 11. Following the principles laid down in Raj Kumar Shivhare v/s. Assistant Director, Directorate of Enforcement And Another and app ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
