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2024 (8) TMI 1055

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..... the provisional order of attachment is confirmed, the Director or any other Officer authorized by him shall forthwith take possession of the property attached under Section 5 or frozen under Sub-Section 1 (A) of Section 17 of the Act of 2002 in such manner as may be prescribed. As the Respondent Nos. 1 and 2 had expressed their no objection in transferring the amount lying in the account in question and the statutory mandate contained in Section 8 (4) of the Act of 2002, this Court is of the opinion that the direction so given in the communication dated the 12.04.2024 which was received by the Petitioner on 19.04.2024 is required to be complied with. This Court therefore grants 7 (seven) days time to the Petitioner Bank to comply in terms .....

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..... hat the offences under which the case being Crime No.03/2021 was registered falls within the ambit of scheduled offences under the Prevention of Money Laundering Act, 2002 (for short the Act of 2002 ), an ECIR was registered on 12.04.2002 for investigation under the Act of 2002. The Petitioner Bank s Branch at Pitampura in New Delhi wherein the account of M/s Analytic Business Ventures Private Limited is maintained, received a notice on 19.12.2022 from the Respondent No.4 whereby the Petitioner was instructed to mark debit freeze of the account bearing No.922020034999564 as it was required for investigation. Accordingly, the Petitioner Bank had followed the instruction of the said Respondent No.4 and marked the said account under debit free .....

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..... freeze mode. However, no reply was received. Under such circumstances, the Petitioner has approached this Court seeking appropriate writ, direction and/or order in view of the various authorities issuing conflicting directions. 6. The instant writ petition came up before the Court on 22.07.2024 and this Court issued notice and also directed Mr. R.K.D. Choudhury, the learned Dy. S.G.I. who represents the Respondent Nos. 1, 2 and 3 to obtain necessary instructions in view of the conflicting directions. On 09.08.2024, when the matter was listed, Mr. R.K.D. Choudhury, the learned Dy. S.G.I. had placed an instruction before this Court issued by the Deputy Director of the Enforcement Directorate dated 07.08.2024 wherein it has been mentioned tha .....

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