9911796707
TMI Blog2024 (10) TMI 1406X X X X Extracts X X X X X X X X Extracts X X X X ..... erned within ten days. The decision shall be taken by the court concerned on the claim in accordance with law and on the basis of material brought before the court by the petitioner in support of his claim. The present writ petition stands disposed of. - Hon'ble Vivek Chaudhary And Hon'ble Om Prakash Shukla JJ. For the Petitioner : Durgesh Mishra, Abhishek For the Respondent : A.S.G.I., Rohit Tripathi ORDER 1. Heard learned counsel for the petitioner, learned A.S.G.I. for the respondents/Union of India as well as Shri Rohit Tripathi, learned counsel appearing for the respondent no.2/Enforcement Directorate. 2. Petitioner has approached this Court for the following main prayer: (i) issue a writ, order or direction in the nature of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sets, wherever located; Explanation. For the removal of doubts, it is hereby clarified that the term property includes property of any kind used in the commission of an offence under this Act or any of the scheduled offences; Section 8. Adjudication. (1) On receipt of a complaint under sub-section (5) of section 5, or applications made under sub-section (4) of section 17 or under sub-section (10) of section 18, if the Adjudicating Authority has reason to believe that any person has committed an [offence under section 3 or is in possession of proceeds of crime] [Substituted by Act 21 of 2009, Section 5, for offence under section 3 .], it may serve a notice of not less than thirty days on such person calling upon him to indicate the sources o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in money-laundering. (3) Where the Adjudicating Authority decides under sub-section (2) that any property is involved in money-laundering, he shall, by an order in writing, confirm the attachment of the property made under sub-section (1) of section 5 or retention of property or [record seized or frozen under section 17 or section 18 and record a finding to that effect, whereupon such attachment or retention or freezing of the seized or frozen property] [Substituted for the words record seized under section 17 or section 18 and record a finding to that effect, such attachment or retention of the seized property by Act No. 2 OF 2013] or record shall, (a) continue during [investigation for a period not exceeding [three hundred and sixty-fiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erty involved in the money-laundering or which has been used for commission of the offence of money-laundering shall stand confiscated to the Central Government. (6) Where on conclusion of a trial under this Act, the Special Court finds that the offence of money-laundering has not taken place or the property is not involved in money-laundering, it shall order release of such property to the person entitled to receive it. (7) Where the trial under this Act cannot be conducted by reason of the death of the accused or the accused being declared a proclaimed offender or for any other reason or having commenced but could not be concluded, the Special Court shall, on an application moved by the Director or a person claiming to be entitled to poss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be accepted and considered by the court concerned on merits. 7. Looking into the facts and circumstances of the case, the petitioner shall be at liberty to raise his claim/grievance before the court concerned along with a certified copy of this order. 8. This Court has not gone into the merits of the claim, which shall be considered by the court concerned in accordance with law and in accordance with the merits of the case, without being influenced by any observation made by this Court in this order. 9. Certified copy of this order along with claims shall be filed before court concerned within ten days. The decision shall be taken by the court concerned on the claim in accordance with law and on the basis of material brought before the cour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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