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TMI Blog2019 (9) TMI 1033X X X X Extracts X X X X X X X X Extracts X X X X ..... 5/2018 filed by the Enforcement Directorate (ED), Goa against the appellant and another. In the said O.C., the appellant is arrayed is defendant no. 1. 2. The allegation against the appellant is that, the Economic Offences Cell, Panji, registered an FIR 75/2016 dated 2.06.2016 against Sh. Chetan Desai and 2 others for violation of sections 408,409,419,463,464,468,471,420 and 120B of I.P.C. for criminal conspiracy, impersonation, misappropriation and cheating Goa Cricket Association to the tune of Rs. 2.87 crores. Chargsheet bearing no. 6/2016 has been filed against the said persons and the present appellant. 3. Another FIR no. 142/2016 dated 20.12.2016 registered against the present appellant and others for violation of sections 408,409,, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statutory period as prescribed in u/s 8(3)(a) of the PMLA-2002 than existed. The statutory period for filing the appeal under the aforesaid provisions was 90 days before the latest amendment through which the 90 days period has been amended to 365 days. He further submitted that Hon‟ble High Court has not stayed the implementation of the adjudication order against the present appellant as he was not a party to the proceedings in W.P (C) 8356/2018 before the Hon‟ble High Court, Delhi filed by Sh. Vinod Phadke and Ors.. The said writ petition was dismissed as withdrawn vide order dated 05.02.2019. During the course of present proceedings, the appellant had offered alternate property for continuation of attachment but the Respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the appeal is liable to be allowed on this ground alone. 10. In the present case, the impugned order was passed on 13.09.2018, the prosecution complaint has been filed on 03.05.2019. The 90 days period for filing prosecution complaint from the date of impugned order has expired in the month of December, 2018 which is before the amendment of extending the period for filing the prosecution complaint to 365 days. A legal right has accrued to the appellant in view of the section 8(3)(a) of PMLA-2002 when the prosecution complaint was not filed within 90 days. 11. Section 8(3) read with 8(3)(a) of the PMLA provide as follows: "8(3) Where the Adjudicating Authority decides under sub-section (2) that any property is involved in money-launde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . No where in the aforesaid order the Hon‟ble high court has prohibited the Enforcement Directorate not to file the prosecution complaint against the appellant. The appellant was also not a party to the proceedings before the Hon‟ble High Court. Therefore in the circumstances, we do not agree with the ld. Counsel for the respondent that they did not file the prosecution complaint within 90 days because of the order of Hon‟ble High Court. 14. In the giving facts and circumstances of the case, due to the reasons stated above, the attachment of the property in question has been lapsed and therefore the impugned order of attachment with respect to the property in question is set aside. Consequently, the P.A.O. is also set asi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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