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TMI Blog2024 (8) TMI 661X X X X Extracts X X X X X X X X Extracts X X X X ..... d or taken even prior to completion of investigation resulting in prosecution complaint then there was no necessity to even provide the period of investigation for the purpose of continuance of the order of attachment. In fact, proceedings before the Court starts from the stage of submission of prosecution complaint or charge-sheet and thereupon cognizance of the offence is taken and therefore only two limbs of the provision has significance and are not overlapping to each other and accordingly if the investigation is not completed within 365 days then the attachment or seizure would lapse. The impugned seizure so as the order of the Adjudicating Authority cannot continue, rather the seizure stands lapsed after the period given under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant has made even a reference of the order issued under Sections 17 to 21 of the Act of 2002 to indicate that on seizure of the documents/cash/devices and the property, it has to be sent to the authority within a period of 30 days from the date of seizure with an application for retention of such property and adjudication on the aforesaid is to be made by the Adjudicating Authority. It is further submitted that from the date of the order passed by the Adjudicating Authority on 25.05.2022, a period of more than 365 days has already expired and investigation has not yet been completed. Thus, the seizure be declared as lapsed. 4. The learned counsel for the respondents has made a contest to the argument raised by the appellant. It is, however ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sixty-five days] or] the pendency of the proceedings relating to any [offence under this Act before a court or under the corresponding law of any other country, before the competent court of criminal jurisdiction outside India, as the case may be; and] (b) become final after an order of confiscation is passed under sub-section (5) or sub-section (7) of section 8 or section 58B or sub-section (2A) of section 60 by the [Special Court].] [Explanation. - For the purposes of computing the period of three hundred and sixty-five days under clause (a), the period during which the investigation is stayed by any court under any law for the time being in force shall be excluded . 7. The provision aforesaid has been invoked by the appellant and the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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