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TMI Blog2024 (9) TMI 67X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the other assets of the culprit can be attached, as value thereof, in absence of non- availability of direct proceeds of crime. The property of appellant is rightly confirmed for attachment by the Ld. Adjudicating Authority vide the impugned order, in absence of any direct proceeds of crime in possession of the appellant, as she received the share from the proceeds of crime along with her other family members as mentioned in the flow chart at page 41 of the impugned order. Therefore, in view of the said legal position the present appeal needs to be dismissed being devoid of any merits. Appeal dismissed. - SHRI G. C. MISHRA : MEMBER And SHRI RAJESH MALHOTRA : MEMBER For the Appellant : Mr. Deepak Gupta, Adv. Ms. Gunjan Rathore, Adv. Mr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd his son Rajeev Mehan. After completion of investigation, police filed charge-sheet against Rajeev Mehan. As per charge-sheet, during the third quarter of the year 2012-13, M/s Yourk International had shown trade of about Rs.16.37 Crores for which it has shown the purchase of readymade garments worth Rs. 16.31 crores from the State of Punjab.Out of the said purchase, the firm M/s Yourk International had shown exports made to Bangladesh to the tune of Rs. 12.38 crores indirectly vide H-Form through M/s Shreyas International. VAT on such goods in the State of Punjab is 6.05%, but as per the provisions, the tax on Export Goods is Nil, in the State of Punjab. Accordingly, M/s Yourk International moved an application dated 11.02.2013 vide VAT- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at on 03.05.2013, alleged proceeds of crime i.e. Rs.74 lacs were stated to be credited into the account of M/s Yourk International. He argued that by stretch of no imagination the said house being purchased much prior to the alleged commission of offence could not said to have been purchased from any proceeds of crime, and hence, same cannot be attached, even as value thereof, in absence of any business dealing between appellant and Sh. Ramesh Mehan Prop. of M/s Yourk International. In support of his contention, he relied upon the judgment of Hon ble High Court of Kerala in case Satish MotilaBidri v. Union of India,2024 SCC Online Ker 3410, wherein in para 18, it is held that: Viewed in the above perspective, as the provisionally attached i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eived the proceeds of crime to the extent of Rs. 70,50,000/- in its Axis Bank account no. 0032191105790 vide two cheques no. 316354 316353 amounting to Rs.30,50,000/- and Rs. 44,00,000/- respectively on 03.05.2013. Thereafter, out of the said share of proceeds of crimeM/s Shreyas Internationaltransferred sum of Rs. 44,00,056/- ,to M/s JaldharaCotspin Pvt Ltd. Ludhiana in its Axis Bank account no. 911020022066586 on 03.05.2013. Out of the said share of proceeds of crime, sum of Rs. 5,95,050/- and Rs. 1,79,982/- (totalling to Rs. 7,75,032/-) were transferred to the account of appellant Suresh Devi Garg and remaining to the accounts of her other family members as mentioned in the flow chart at page 41 of the impugned order passed by the Ld. Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we have given our thoughtful consideration to the same. In the present case, appellant has raised only one ground to press the appeal that the property was acquired in 1998 i.e., much prior to the date of commission of offence, cannot be attached. We do not agree with the contention of learned counsel for appellant in this regard. The Hon ble Supreme Court of India in case of Vijay Madanlal Chaudharyv. Union of India, (supra) held that the other assets of the culprit can be attached, as value thereof, in absence of non- availability of direct proceeds of crime, as mentioned in para no. 62 of the said judgment wherein para no. 235 of the report titled as Anti-Money Laundering and Combating the Financing of Terrorism dated June 25, 2010 was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the attachment and confiscation of proceeds of crime which is the quintessence so as to combat the evil of money-laundering. The second proviso, therefore, addresses the broad objectives of the 2002 Act to reach the proceeds of crime in whosoever's name they are kept or by whosoever they are held. To buttress this argument, reliance has been placed on the dictum in Attorney General for India 17 and Raman Tech. Process Engg. Co. and Anr. v. Solanki Traders MANU/SC/8119/2007: (2008) 2 SCC 302. In view of the legal position spelled out by the Hon ble Supreme Court of India, in the above-mentioned case, we are of the view that the property of appellant is rightly confirmed for attachment by the Ld. Adjudicating Authority vide the impugne ..... X X X X Extracts X X X X X X X X Extracts X X X X
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