TMI Blog2020 (10) TMI 820X X X X Extracts X X X X X X X X Extracts X X X X ..... prayed for setting aside of the provisional attachment order No. 02/2020 dated 18.02.2020 arising out of ECIR No. 02/DLZO/2016 qua the following properties / funds belonging to him viz.: i. Account No. 6011211374 maintained with Kotak Mahindra Bank, Kasturba Gandhi Marg Branch. ii. Account No. 913010012836868 maintained with Axis Bank, Defence Colony Branch. iii. Account No. 54410558950 maintained with Standard Chartered Bank, New Friends Colony Branch. iv. Account No. 107001000597 maintained with ICICI Bank. v. Kotak Mahindra Mutual Fund Account Nos. 694001 & 954376. The relief prayed proceeds on the premise that the petitioner was a young boy and a student of Purdue University, Indiana, United States of America and, was in no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is perverse and bad in law inasmuch as he was not involved in the commission of any offence nor in the receipt of any proceeds of crime. The respondent no.1 on its part has however taken the plea that the amounts lying in any of the accounts of the petitioner were actually the proceeds of the crime inasmuch as the petitioner was a minor when the monies came to be credited to his accounts especially, in view of the fact that such amounts were transferred to his accounts by his late father only. The rival pleas are to be gone into by the adjudicating officer in the first instance and therefore, this court refrains to look into any such controversy at this stage. During the course of hearing, Mr. Khurana, ld. counsel for the petitioner stren ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pleas of the parties open for consideration by concerned authority/court. In view of the foregoing, without getting into the merits of the respective pleas of the parties, the writ petition and the pending application are disposed of with a direction to the respondent no.1 - Directorate of Enforcement to release a sum of Rs. 30 lacs to the petitioner from any of the amounts of the petitioner lying attached under the impugned attachment order or any other attachment order issued by it, subject to the petitioner furnishing an undertaking besides the surety of his mother to the effect that in the event of the amounts so released are found to be a part of the proceeds of crime, they or any of them shall pay back the amounts released within 0 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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