9911796707
TMI Blog2019 (11) TMI 1423X X X X Extracts X X X X X X X X Extracts X X X X ..... CM 39330/2019 - - - Dated:- 14-11-2019 - Mr. Navin Chawla, J. Mr.Arvind Nayar, Sr. Adv. with Mr.Abhinav Agnihotri, Mr.Dipan Sethi, Ms.Pragati Banka Ms.Upasana Chandrashekaran, Advs. For The Petitioner Mr.Amit Mahajan, CGSC with Ms.Mallika Hiremath, Adv. For The Respondent. ORDER This petition has been filed by the petitioner challenging the letters dated 19.04.2018 in terms of which, the 74 bank accounts of Era Infra Engineering Limited were frozen by the respondent exercising power under Section 102 of the Code of Criminal Procedure, 1973 (CrPC). The petitioner further challenges the order dated 04.10.2018 passed by the Adjudicating Authority under the Prevention of Money Laundering Act, 2002 (PMLA) allowing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Impugned Order dated 04.10.2018, the letters dated 19.04.2018 freezing the bank accounts were issued under Section 102 of the CrPC and were not passed in exercise of power under Section 17(1A) of the PMLA Act. I may herein quote from the said order itself:- 8. In so far as the contention with regard to the Debit Freeze ordered on suspect account under section 102 of C.r.P.C, it need to be observed as under: Perusal of the letters dt. 19.04.2018 addressed to the various banks in respect of different accounts, which all communications are annexed at pages 15 to 26 of OA; shows that the action taken by the Deputy Director, Enforcement Directorate, is in the course of the investigation and the directions given are by exercising power ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntinue with the debit freeze of the bank accounts in terms of section 102 of Cr.P.C, keeping in mind the caution sounded by the Hon'ble High Court as above referred. The OA therefore deserves to be allowed and is hereby allowed. In view of the judgment of the Division Bench of this Court, the Impugned Order dated 04.10.2018 and the letters dated 19.04.2018, insofar as it continues to freeze the bank accounts in exercise of power under Section 102, cannot be sustained and are accordingly quashed. However, as the order dated 07.10.2019 has admittedly been passed under Section 5 of the PMLA, this order shall not in any manner influence those proceedings. The petition is disposed of in the above terms. - - TaxTMI - TMITax - PMLA ..... X X X X Extracts X X X X X X X X Extracts X X X X
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