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TMI Blog2019 (8) TMI 264X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the period 10.11.2016 to 21.11.2016. As per scrutiny of bank account statements of the companies/firm, namely, M/s. Sunrise Trading Company, M/S Himalaya International, M/S R.D Traders and M/S Beagle Marketing P Ltd revealed that during the period of 10.11.2016 to 21.11.2016, demonetized currency upto the tune of Rs. 39.26 Cr. has been deposited by Rajiv Singh Kushwaha and his associates with the active collusion of the Branch Head, Axis Bank, Kashmere Gate, Sh. Vineet Gupta. 3. It is the case of respondent that during 11.11.2016/12.11.2016, Rajeev Singh Kushwaha had given Rs. 5 Lakhs and 12 Lakhs, respectively, to the Branch Manager, Sh. Vineet Gupta. Further, on 20.11.2016,MohitGarg has given one gold bar each toVineet Gupta and Shobh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bhitSinha were arrested under Sec. 19 of PMLA,2002 for their involvement in the offence of money laundering between 4/5.12.2016. 3.4 One gold bar from the possession of DevendraJha was recovered during search conducted under Sec. 17 of PMLA. 3.5 Provisional Attachment Order no. 01/2017 was issued under Sec. 5 of PMLA on 27.1.2017, attaching total properties worth Rs. 3.40 Cr., of Rajiv Singh Kushwaha, Vineet Gupta, ShobhitSinha and MohitGarg. 3.6 Prosecution Complaint against three accused namely Vineet Gupta, ShobhitSinha and Rajeev Singh Kushwaha was filed under Section 45 of PMLA filed on 1.2.2017.Charge framed against the said accused persons on 22.12.2017. 3.7 Provisional Attachment Order dated 27.1.2017 was confirmed by the Adjudi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prospective and no retrospective effect can be given. 10. It may be another plea of the appellant that the prosecution complaint ought to have been filed within the period of 180 days as prescribed under the Act from the date of attachment. 11. The said arguments were never addressed by any of the parties. The order was reserved with the understanding that after amendment carried out on 19.04.2018, no prosecution complaint has been filed within the period of 90 days. The same is not the position of the present case. It has only come to notice to this Tribunal once the written-submission is filed by the respondent. 12. Thus, both the parties are directed to argue the appeal on this aspect as to whether under the un-amended act, the prose ..... X X X X Extracts X X X X X X X X Extracts X X X X
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