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TMI Blog2018 (2) TMI 1058X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the Special Court about the criminality of the appellant who are allegedly involved in the schedule offences and under PML Act, 2002. We are in agreement with the submission of the learned senior counsel for the appellants that attachment to an extent of ₹ 2,50,00,000/- in the hands of M/s Indira Television Pvt.Ltd. is ex facie erroneous as the last tranche of investment of ₹ 2,50,00,000/- was made by M/s Carmel Asia Holdings Pvt. Ltd. into M/s Indira Television Pvt Ltd. from 01.04.2014 to 30.09.2014 The attached properties were, admittedly, acquired by 31.03.2014.Therefore, without prejudice, we modify the impugned order about the attachment, at least, to an extent of ₹ 2,50,00,000/- in the hands of M/s Indira Television Pvt Ltd. as the said attachment ought not have been done. Similarly the attachment to an extent of ₹ 6,94,88,000/- in the hands of M/s Janani Infrastructure Pvt.Ltd.is erroneous as it is the admitted position that as investment of ₹ 6,94,88,000/- into M/s Janani Infrastructure Pvt. Ltd. by M/s Carmel Asia Holdings Pvt. Ltd. (Out of the total investment of ₹ 11,54,87,968) was made on 30.10.2006 and 30.11.2006 even prior ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CBI did not file charge sheets against all the persons / entities indicated in the FIR dated 17.08.2011, CBI, Hyderabad filed a Memo dated 23.09.2013 before the Special Judge for CBI Cases, Nampally, Hyderabad wherein it is inter alia stated as - 5. It is further submitted that during the course of investigation, in respect of the following issues no quid pro quo could be established, however, it came to light that the overt acts, irregularities, violations committed by the firms/ individuals coming under the purview of Enforcement Directorate, Income Tax, Registrar of Companies and Govt. of A.P. Accordingly, matters were referred to the department concerned for taking necessary action as deemed fit in respect of the following, as the case may be i. M/s Sandur Power Company Ltd. ii. M/s Carmel Asia Holdings Pvt. Ltd. iii. M/s PVP Business Ventures iv. M/s Jubilee Media Communications v. M/s Classic Realty Ltd. and M/s BrahmaniInfratechPvt. Ltd. vi. M/s RR Global Enterprises Pvt. Ltd. vii. M/s Saraswati Power Industries Ltd. viii. M/s Mantri Developers . 5. After completion of investigation, CBI has filed 11 Charge Sheets (ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs Pvt Ltd. invested ₹ 11,54,87,968/- and ₹ 7,72,00,000/- into M/s Janani Infrastructure Pvt Ltd. and M/s Indira Television Pvt Ltd. respectively from the monies received from M/s PR Energy Holdings Pvt Ltd. 11. On the basis of allegations made in the F.I.R by C.B.I after investigation charge sheet was filed and ED in view of allegations and material the attachments effected in the entire O.C. 276 of 2014 totalling to ₹ 47,00,50,755/- M/s Jagati Publications Ltd: Plant and Machinery valued at ₹ 5,59,42,885/-/- M/s Janani Infrastructure Pvt Ltd.: Lands and Buildings valued at ₹ 16,56,02,416. M/s Indira Television Pvt Ltd.: Plant and Machinery valued at ₹ 24,85,05,454/- 12. After examining the matter, the provisional attachment order was confirmed by the impugned order dated 09.04.2015 passed by the Adjudicating Authority. 13. Appeals have been filed against Order dated 09.04.2015 by Hon ble Adjudicating Authority made in Original Complaint No. 396 of 2015 confirming the attachments made vide Provisional Attachment Order No. 04/2014 dated 15.12.2014 (PAO) in ECIR/09/HZO/2011. PAO passed corresponding to CC No. 26 of 2013 bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s advanced on behalf of the Complainant defendants undersigned comes to the prima facie conclusion that the defendants have committed the Scheduled Offences, generated proceeds of crime and laundered them. No doubt the properties attached are proceeds of crime or value thereof and are involved in money laundering. Undersigned therefore orders confirmation of the above Provisional Attachment Order. This order shall continue during the pendency of the proceedings relating to any offence under this Act before court or under the corresponding law of any other country, before the competent court of criminal jurisdiction outside India as the case may be and become final after an order of confiscation is passed under sub-section (5) to subjection (7) of Section 8 or section 58B or sub section 2A or section 60. 18. Section 24 reads as under: Section 24 Burden of Proof :- In any proceeding relating to proceeds of crime under this Act,- (a) in the case of a person charged with the offence of money-laundering under section 3, the Authority or Court shall, unless the contrary is proved, presume that such proceeds of crime are involved in money launder; and (b) in the case o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot be given to the appellants in the present appeals at this stage as the respondent is yet to prove the said allegation before the Special Court about the criminality of the appellant who are allegedly involved in the schedule offences and under PML Act, 2002. 23. The issue of discrimination would also have to be decided by the Special Court. Further, as the burden of proof has not been fully discharged by the appellant, their request for release of all the properties cannot be acceded to. 24. At the same time, we are in agreement with the submission of the learned senior counsel for the appellants that attachment to an extent of ₹ 2,50,00,000/- in the hands of M/s Indira Television Pvt.Ltd. is ex facie erroneous as the last tranche of investment of ₹ 2,50,00,000/- was made by M/s Carmel Asia Holdings Pvt. Ltd. into M/s Indira Television Pvt Ltd. from 01.04.2014 to 30.09.2014 The attached properties were, admittedly, acquired by 31.03.2014.Therefore, without prejudice, we modify the impugned order about the attachment, at least, to an extent of ₹ 2,50,00,000/- in the hands of M/s Indira Television Pvt Ltd. as the said attachment ought not have been done. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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