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TMI Blog2023 (5) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... ide the aspect of depositing of amounts by the third parties in the subject accounts. The scope of entertaining this Writ Petition under Article 226 of the Constitution of India is no doubt limited and this Court cannot adjudicate on provisional attachment order if it is in consonance with Section 5 of the Act, 2002. There is no dispute with regard to the law laid down by various courts in that regard. But Section 5 of the PML Act, clearly says that the authority should record reasons while attaching the properties, both movable and immovable. However, in the present case, in the impugned attachment order, the respondent-authorities have not recorded any reasons for attaching the subject accounts referred supra. As such, this Court holds that the attachment of the said accounts is without proper reasons. The impugned order is set-aside only to the extent of attaching Account Nos. 641301010050403 and 641304010000001 of the Union Bank of India. However, the 2nd respondent-Deputy Director is at liberty to look into the said two accounts and if he finds that the said two accounts are to be attached, he may do so by passing a fresh reasoned order, in accordance with law - the Writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt to Section 5(1) of the PML Act and submitted that, as per the said provision, the authorities have to give reasons to believe for attaching the property before passing the provisional attachment order. In the present case, the authorities have not given any reasons while attaching the said two accounts. Further, the learned counsel for the petitioners has drawn the attention of this Court to the statements of the said two accounts and contended that in the said two accounts, the deposits were made by the National Highway Authorities only and no private transactions or third-party deposits are made. If at all the authorities want to attach the said accounts also they should do so by giving proper reasons for attaching the said accounts. By virtue of attaching the said accounts, the petitioners are unable to complete the contract works and unable to pay salaries to the employees. As such, prayed to pass appropriate orders. 3. On the other hand, Sri Josyula Bhaskar Rao, learned Standing Counsel for the respondent-authorities vehemently opposed for entertaining the Writ Petition on the following grounds: i) The Writ Petition cannot be entertained under Article 226 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omplied with the requirements of Section 5(1) of the Act, 2002. However, para 10 of the impugned order is also lacking such reasons. As such, the order impugned is contrary to the provisions of Section 5(1) of the Act, 2002 and prayed to pass appropriate order. 5. Perused the Record. 6. Various Scheduled Offences have been registered against the petitioners, for which the respondent-authorities have invoked the PML Act. While invoking the PML Act, provisional attachment of movable and immovable properties has been issued vide order dated 14.03.2023. 7. The only issue in the present Writ Petition is with regard to attachment of two bank accounts of the petitioners, viz., Account Nos. 641301010050403 and 641304010000001, which were opened in relation to a contract with the National Highway Authority. Learned counsel for the petitioners contended that, in the said two accounts, except National Highway Authorities, no third party has deposited any amount. In these circumstances, attaching the two accounts, through the impugned provisional attachment order, that too, without assigning any reasons, is not in consonance with Section 5(1) of the Act, 2002 or not is the issue. 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the basis of material and evidences placed before me, in the ongoing investigation, and having reasons to believe as detailed in Paras above, I, hereby order Provisional Attachment of the properties valued at Rs. 6,74,04,642/- (Rupees Six Crores Seventy Four Lakhs Four Thousand Six Hundred and Forty Two Only) as detailed in the below mentioned SCHEDULE OF THE PROPERTIES, being part of the Proceeds of Crime, as defined under Section 2(1)(u) of the PMLA, 2002 and further order that the same shall not be transferred, disposed, parted with or otherwise dealt with in any manner, whatsoever, until or unless specifically permitted to do so by the undersigned. The properties attached shall remain under attachment for 180 days from the date of attachment or until order is passed by the Adjudicating Authority under Section 8(3) of the PMLA. All other paragraphs of the impugned provisional attachment order, which runs into 105 pages, are with regard to the facts of the case and also about the offences that have been committed by the petitioners. 10. Now, whether as per para 10 of the said order, the reasons for attaching the properties of the petitioners are inconsonance with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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