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TMI Blog2022 (10) TMI 633X X X X Extracts X X X X X X X X Extracts X X X X ..... ng with the ultimate prayer of the Petitioners for de-freezing the amount involving the notice under Annexures-2(series) 3, since finds, the development through Annexures-2(series) 3 since not arising out of the subject involving Section 17(1-A) of the Act, 2002, the notice at Annexure-8 (series) cannot be considered in the present proceeding. Petition disposed off. - W.P.(C) No.13670 of 2022 - - - Dated:- 11-7-2022 - JUSTICE BISWANATH RATH Petitioner(s) Mr. S. Mohanty, Advocate Opposite Party(s) Mr. B. Nayak, Standing Counsel for O.Ps.1 2 ORDER 1. This Writ Petition involves the following prayer :- Under the aforesaid facts and circumstances of the case, it is, therefore, most humbly prayed that this Hon ble Court may be graciously pleased to issue Rule-Nisi calling upon the Opp. Parties to show cause as to why a writ in the nature of certiorari and/or mandamus shall not be issued quashing the proceeding initiated pursuant to Annexure-2, 3 and 8 series and directing the Opp. Party No.1 2 to defreeze the above Bank account as mention in the Annexure-8, Series. And if the Opp. Parties or any one of them fail to show cause or show insuffi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f to be recorded in writing), on the basis of material in his possession, that- (a) any person is in possession of any proceeds of crime; and (b) such proceeds of crime are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of crime under this Chapter, he may, by order in writing, provisionally attach such property for a period not exceeding one hundred and eighty days from the date of the order, in such manner as may be prescribed: Provided that no such order of attachment shall be made unless, in relation to the scheduled offence, a report has been forwarded to a Magistrate under section 173 of the Code of Criminal Procedure, 1973(2 of 1974), or a complaint has been filed by a person authorised to investigate the offence mentioned in that Schedule, before a Magistrate or court for taking cognizance of the scheduled offence, as the case may be, or a similar report or complaint has been made or filed under the corresponding law of any other country: Provided further that, notwithstanding anything contained in 1[first proviso], any property of any person may be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in money-laundering and confiscated by the Central Government: Provided that where a notice under this sub-section specifies any property as being held by a person on behalf of any other person, a copy of such notice shall also be served upon such other person: Provided further that where such property is held jointly by more than one person, such notice shall be served to all persons holding such property. (2) The Adjudicating Authority shall, after- (a) considering the reply, if any, to the notice issued under sub-section (1); (b) hearing the aggrieved person and the Director or any other officer authorised by him in this behalf; and (c) taking into account all relevant materials placed on record before him, by an order, record a finding whether all or any of the properties referred to in the notice issued under subsection (1) are involved in money-laundering: Provided that if the property is claimed by a person, other than a person to whom the notice had been issued, such person shall also be given an opportunity of being heard to prove that the property is not involved in money-laundering. (3) Where the Adjudicating Authority decides under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h shall be conducted unless, in relation to the scheduled offence, a report has been forwarded to a Magistrate under section 157 of the Code of Criminal Procedure, 1973, or a complaint has been filed by a person, authorized to investigate the offence mentioned in the Schedule, before a Magistrate or court for taking cognizance of the scheduled offence, as the case may be, or in cases where such report is not required to be forwarded, a similar report of information received or otherwise has been submitted by an officer authorized to investigate a scheduled offence to an officer not below the rank of Additional Secretary to the Government of India or equivalent being head of the officer or Ministry or Department or Unit, as the case may be, or any other officer who may be authorized by the Central Government, by notification, for this purpose.] [(1-A) Where it is not practicable to seize such record or property, the officer authorized under sub-section (1), may make an order to freeze such property whereupon the property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der for retention or continuation of freezing of the property for purposes of adjudication under section 8, forward a copy of the order along with the material in his possession, referred to in sub-section (1), to the Adjudicating Authority, in a sealed envelope, in the manner as may be prescribed and such Adjudicating Authority shall keep such order and material for such period as may be prescribed. (3) On the expiry of the period specified in sub-section (1), the property shall be returned to the person from whom such property was seized or whose property was ordered to be frozen unless the Adjudicating Authority permits retention or continuation of freezing of such property beyond the said period. 6. Reading the aforesaid provisions this Court finds, the Chapter-II therein deals with offence of Money Laundering. Section 5 coming under Chapter III provides power to the Director or any other Officer competent not below the rank of Deputy Director for the reasons recorded in working on the basis of material in his possession, varieties of acting including attachment of such property for a period not exceeding one hundred and eighty days from the date of order and in the m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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