9911796707
TMI Blog2024 (12) TMI 159X X X X Extracts X X X X X X X X Extracts X X X X ..... MP-PMLA-12465/MUM/2023 (Stay) FPA-PMLA-6221/MUM/2023, MP-PMLA-14456/MUM/2023 (A. D. ) MP-PMLA-12467/MUM/2023 (Stay) FPA-PMLA-6222/MUM/2023, MP-PMLA-14457/MUM/2023 (A. D. ) MP-PMLA-12469/MUM/2023 (Stay) FPA-PMLA-6223/MUM/2023, MP-PMLA-14459/MUM/2023 (A. D. ), MP-PMLA-12473/MUM/2023 (Stay) FPA-PMLA-6225/MUM/2023, MP-PMLA-14460/MUM/2023 (A. D. ) MP-PMLA-12475/MUM/2023 (Stay) FPA-PMLA-6226/MUM/2023 - - X X X X Extracts X X X X X X X X Extracts X X X X ..... rding to the respondent, the betelnuts may be belonging to other appellants alongwith Mr. Prakash Goyal. The FIR was registered on the direction of the Bombay High Court, Nagpur Bench but it is a fact that no custom case has been registered against any of the appellants though the DRI has taken up the matter against Mr. Prakash Goyal. The fact however remains that till date, the prosecution complaint has not been filed. We have considered the rival submissions and find that in pursuance to the order of the Bombay High Court, Nagpur Bench, the FIR was registered followed by ECIR by the respondent. The PIL before the Bombay High Court, Nagpur Bench was in regard to illegal trading of betelnut from the foreign countries though not permissibl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be declared to be the properties involved in money-laundering and confiscated by the Central Government: Provided that where a notice under this sub-section specifies any property as being held by a person on behalf of any other person, a copy of such notice shall also be served upon such other person: Provided further that where such property is held jointly by more than one person, such notice shall be served to all persons holding such property. (2) The Adjudicating Authority shall, after- (a) considering the reply, if any, to the notice issued under sub-section (1); (b) hearing the aggrieved person and the Director or any other officer authorised by him in this behalf; and (c) taking into account all relevant materials placed on reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section (7) of section 8 or section 58B or sub-section (2A) of section 60 by the 5[Special Court];] 6[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.] (4) Where the provisional order of attachment made under sub-section (1) of section 5 has been confirmed under sub-section (3), the Director or any other officer authorised by him in this behalf shall forthwith take the 7 [possession of the property attached under section 5 or frozen under sub-section (1A) of section 17, in such manner as may be prescribed: Provided that if it is not practicable to take po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt, in such manner as may be prescribed, may also direct the Central Government to restore such confiscated property or part thereof of a claimant with a legitimate interest in the property, who may have suffered a quantifiable loss as a result of the offence of money laundering: Provided that the Special Court shall not consider such claim unless it is satisfied that the claimant has acted in good faith and has suffered the loss despite having taken all reasonable precautions and is not involved in the offence of money laundering:] 1 [Provided further that the Special Court may, if it thinks fit, consider the claim of the claimant for the purposes of restoration of such properties during the trial of the case in such manner as may be presc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... endency of the proceedings in the Court. In the instant case, the investigation has not been completed within the time frame given u/s 8(3)(a) of the Act of 2002" In the light of the judgement referred above, we find no reason now for the respondent to continue freezing rather it stands lapsed which are otherwise perishable goods and after freezing by the respondent, a period of more than 2 years as already gone by now. In the light of the aforesaid and the legal position in reference to Section 8(3) of the Act of 2002, we find reasons to cause interference in the impugned order rather the freezing order and its confirmation is declared to have lapsed by an afflux of time in absence of the prosecution compliant against any of the accused ..... X X X X Extracts X X X X X X X X Extracts X X X X
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