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TMI Blog2019 (3) TMI 1516X X X X Extracts X X X X X X X X Extracts X X X X ..... on to confiscation, release or restoration of the property attached. Since the Special Court has initiated the proceedings in the present case and taken cognizance of the same, the Special Court has to decide the case including the offence of money laundering as discussed above, which in any case only the Special Court can decide and not the Appellate Tribunal. The scheme of things as it exists under the PML Act shows that it is the same property which can be provisionally attached, thereafter this attachment can be confirmed by the adjudicating authority, that the order with regard to the same property would become final after an order of confiscation is passed by the Special Court (Section 8(3)(b), or released or restored as per Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under PMLA. The ED also conducted searches at various premises relating to SBL group and its associates. It is alleged that the above amount was received by Mr. Garg as gratification for favouring the above companies in his capacity as Director of the Andhra Bank. The residential as well as office premises of Shri Garg was also searched under PMLA. The case of the Enforcement Directorate is that this amount of ₹ 1,52,50,000/- which was received in cash by him has been used/layered into the company M/s. RAG Buildtech Pvt. Ltd. which was set up on 17.01.2011 with his son Shri Anik Garg, his wife Smt. Renu Garg and his daughter-in-law Smt. Shivani Garg as Directors in the said company. 3. The learned counsel for the respondent took a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. As per Section 44(1)(a) of PMLA an offence punishable under Section 4 and any scheduled offence connected to the offence under that Section shall be triable by the Special Court constituted for the area in which the offence has been committed. .. The above therefore implies that whoever commits the offence of money laundering shall be tried by the Special Court. Section 3 of PMLA, 2002 defines what an offence of money laundering is. Section 5(b) states that such proceeds of crime are likely to be............ or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of crime........... In the present case, the Special Court has already taken cognizance and hence is therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d property lies specifically with the Special Courts. This Tribunal has not been assigned any specific powers under PMLA with relation to confiscation, release or restoration of the property attached. Since the Special Court has initiated the proceedings in the present case and taken cognizance of the same, it is my considered view that the Special Court has to decide the case including the offence of money laundering as discussed above, which in any case only the Special Court can decide and not the Appellate Tribunal. 8. Further as per Section 44(1)(a) of PMLA an offence punishable under Section 4 and any scheduled offence connected to the offence under that Section shall be triable by the Special Court constituted for the area in whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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