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TMI Blog2018 (11) TMI 238X X X X Extracts X X X X X X X X Extracts X X X X ..... y headed by their father and the jewelry and utensil seized were STRI DHAN of three married ladies in the house and a few of their father generated in course of time out of his life long earnings. The ladies had also placed their claims before the Adjudicating Authority by letter dated 16.01.2016. The impugned PAO has been issued by Shri J P Singh, Adhoc Joint Commissioner. It is an admitted fact that all powers flows from the Director. The Director of the ED himself requested CBI to initiate enquiry in the matter. No report before the Magistrate under Section 173 against the appellants. In the charge sheet of 2013 the appellants were not arrayed as accused. It is also informed this tribunal that no PMLA complaint has been filed against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 503/2015 dated 24.11.2015, the respondent no. 1 has made a search of cash of ₹ 6.47 Lacs approximately from house C-83, Shyam Nagar, Jaipur owned by the father of the appellants. 4. It is on record and also an admitted fact that the house at C-83, Shyam Nagar, Jaipur was owned by the father of the appellant. It is also an admitted fact that the appellant used to reside with his father, mother, brother and his family as a joint family in this house. 4.1 The panchnama dated 22.05.2015 relating to recovery of cash amounting to ₹ 6.47 lacs approximately was infact seized from various rooms and spread over different places in the same house having access by the particular members of the family only. 5. It is the case of the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cked, the decision to break open the lock of the doors, safe, almirah etc. was taken by the Assistant Director, Jaipur Zonal Unit. Nothing is on record that any such permission in writing was ever granted by any officer of the rank of Deputy Director and above. This being against the basic spirit of Section 17(1) (iv) (b) of the Act. 8. Two separate impugned orders have been passed confirming the attachment. The main facts are taken from appeal no. FPA-PMLA- 1266/AHD/2016. 9. Counsel for the appellant has handed over the dates of events and synopsis in the matters. The same reproduced for purpose of understanding the events from time to time. i) 25.03.2015 A FIR No. 85/2015 was registered with Kishanwadi Police Station, Vadodara, Gujara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rdingly a case No ECIR/03/AZO/2015 dated 26.03.2015 was registered by the office of the Enforcement Directorate, Zonal Unit, Ahmedabad against these four persons. 10.1 During the course of investigation by Enforcement Directorate, it was allegedly noticed that these persons in the name and style of MARUTI AHMEDABAD had settled proceeds in betting of Cricket to the tune of ₹ 2469,99,08,750.00 from 01.12.2014 till 16.03.2015 by using these forged SIM cards. It was thereafter alleged that these persons had settled proceeds in cricket matches betting to the tune of ₹ 387,56,85,702.00.00 with one SHIBU-JAIPUR. It was thereby alleged that Code name "Shibu Jaipur" is being used by two brothers Rahul Gangwal, the appellant & his brothe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in this regard. 11. The Counsel of the appellant has referred the grounds against confirmation of the impugned provisional attachment order along with evidence in its support, at the time of personal hearing. 12. It is stated that the Adjudicating Authority without taking on record any of the submissions; without any reasons, so recorded in writing; without refuting any of the contentions so made by the appellant; resorted to confirmation of the Provisional Attachment Orders. 13. Aggrieved by the impugned order of the Adjudicating Authority (PMLA) the above mentioned appeals have been filed. 14. It is not denied by the respondent that the appellants have been implicated only on the basis of custodial retracted statement of three accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not arrayed as accused. It is also informed this tribunal that no PMLA complaint has been filed against the appellants. The prescribed period already expired. 19. Even, on merit no case beyond any doubt even prima facie is established by producing any cogent and clear evidence. Only on the basis of the statement of alleged accused witnesses, the properties were attached. There is no independent evidences. The statement of other accused has no value unless independent evidence implicating the appellant are produced. 20. Since, in the charge-sheet the appellant the appellants were not arrayed as accused for schedule offence as well as PMLA complaint. The prayer of the appeals are liable to be allowed. Thus, the impugned order and the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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