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TMI Blog2019 (4) TMI 331X X X X Extracts X X X X X X X X Extracts X X X X ..... fourteen) immoveable properties and 2 (two) moveable properties was confirmed. The allegation was that various moveable and immoveable properties both in the name of Bharat Yadav and the other appellants who are also his family members were acquired from the proceeds of crime which are scheduled offences under PMLA. The chargesheets are (a) 40/2012 dated 31.03.2012 for offences under Section 302 of the IPC and (b) 318/2013 dated 30.09.2013 for offences under Section 420, 414, 467, 471 etc. of the IPC. 2. I have heard both the parties and also perused the written submissions given both before the hearing as well as after the hearing. The appellants‟ main plea was to allow the appeal on the ground that the offences committed by Shri Bh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ification. Section 43(2) further prescribes that the Special Court shall also try an offence (other than the offence of money laundering) with which the accused may under the Code of Criminal Procedures be charged at the same trial. A reading of both these provision would make it amply clear that the Special Court designated for the purpose will try both the offence of money laundering as well as the scheduled offence. This was reaffirmed by the Hon‟ble Supreme Court in the case of Nikesh Tarachand Shah vs. Union of India WP (Criminal) No. 67 of 2017 dated 23.11.2017. "8. Under Section 5 of the Act, attachment of such property takes place so that such property may be brought back into the economy........... Section 44 is very import ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was that there was no reason to believe which is an essential ingredient before any property can be attached. They have also given a written submission after the conclusion of the hearing. 6. In response, the learned counsel for the respondent has stated that Shri Bharat Yadav had a history of cases booked against him including serious crimes like under the Arms Act which is also a schedule offence although he fairly agreed that the present order does not emanate from the same. He stated that the source of money for acquisition of the said properties does not stand the test of reality. While Bharat Yadav has not maintained any books of accounts in respect of the liquor business held in his name or in the name of his family members and have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... undering 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 pending before the said court. Section 8(5) of PMLA reads as "where on conclusion of a trial of an offence under this Act, the Special Court finds that the offence of money laundering has been committed, it shall order that such property involved in the money laundering or which has been used for commission of the offence of money laundering shall stand confiscated to the Central Government." Section 8(6) further states "where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scussed 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 Section 8(6) or Section 8(8) second proviso as the case may be. 9. In this background, it would be appropriate to keep this appeal in abeyance until the Special Court who has already taken cognizance finally disposes of the case. The interim orders are also vacated. Both t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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