2025 (2) TMI 851 - SCH - Money Laundering

Challenge to order of provisional attachment of the property of the appellant - High Court has declined to entertain the writ petition under Article 226 of the Constitution of India - HELD THAT - The High Court ought not to have rejected the petition on the ground that the statutory period provided under sub-Section (5) of Section 5 of the Prevention of Money-laundering Act 2002 had not expired before the writ petition was filed. The High Court ought to have noticed that there was no statutory remedy available to the appellant to challenge the order of provisional attachment. Therefore the impugned order is set aside and Civil Writ Petition restored to the file of the Punjab and Haryana High Court at Chandigarh. The restored petition shall be listed before the roster Bench of the High Court on 21st February 2025 in the morning. The appellant and the respondents shall be under an obligation to appear before the roster Bench on that day. No further notice shall be served upon them. The Appeal is partly allowed.

Summary

The Supreme Court granted leave and heard arguments in a case where the appellant challenged a provisional attachment order. The High Court rejected the petition citing the need to wait for the statutory 30-day period to pass before filing a writ petition. The Supreme Court disagreed, stating that there was no statutory remedy available to challenge the order. The Supreme Court set aside the High Court's order, restoring the writ petition to the Punjab and Haryana High Court for consideration on February 21, 2025. The Adjudicating Authority was directed not to pass a final order until March 20, 2025, and all merits were left open for the High Court to decide. The Court directed the Registry to forward the order to the High Court for listing the restored petition. The appeal was partly allowed on these terms.