9911796707
TMI Blog2023 (3) TMI 1073X X X X Extracts X X X X X X X X Extracts X X X X ..... ncerned and hence ought to be avoided. The Adjudicating Authority is cautioned about passing such templated orders. It is the admitted position that the Appellate Tribunal (PMLA) is now constituted under the PMLA, 2002. The order under challenge is an Attachment Order which is appealable to the Appellate Tribunal (PMLA). Accordingly, the Petitioner is relegated to the Appellate Tribunal (PMLA) to avail of its appellate remedies before the same. The appeal of the Petitioner shall now be listed and taken up by the Appellate Tribunal, for adjudication in accordance with law. Petition disposed off. - W.P.(C) 5744/2022 - - - Dated:- 22-3-2023 - JUSTICE PRATHIBA M. SINGH For the Petitioner Through: Mr. Chandrachur Bhattacharyya, Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Director for the purposes of section 5 of PMLA is empowered to issue an order of attachment of property in terms of second proviso under section 5(1) of PMLA. In the present case the Deputy Director has passed the PAOs on the reasonable belief that if property involved in money laundering is not attached immediately under Chapter-III of the Act, the non-attachment of the property is likely to frustrate proceeding under the Act. The empowerment to issue PAO is conditional to the formation of requisite reasonable belief, (the reasons for such belief to be recorded in writing, on the basis of material in his possession) that if property involved in money laundering is not attached immediately under Chapter-III of the Act, the non- attachm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, the non- attachment of the property is likely to frustrate proceeding under the Act. In the present case there is no dispute as to the authority of the Deputy Director to pass the provisional attachment Order. While examining the compliance of section 5, what is required to be seen in the present case is that the Deputy Director has entertained the reasonable belief on the basis of material in his possession and secondly whether the reason for such belief are recorded in writing or not. 5. Use of identical templated paragraphs could reflect as non-application of mind by the Authority concerned and hence ought to be avoided. The Adjudicating Authority is cautioned about passing such templated orders. 6. The above position sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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