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The HC held that since proceedings for attachment and adjudication by the Adjudicating Authority are in aid of trial of money laundering offence under PMLA, an appeal against an order passed by the Authority before the Appellate Tribunal is liable to be entertained on the criminal side. The ultimate test is whether attachment of property was on account of registration of PMLA offence, and what is to be done with the property upon culmination of trial. Since the result of attachment depends on the result of trial of offence involving criminal element, the appeal lies on criminal side.
The HC held that since proceedings for attachment and adjudication by the Adjudicating Authority are in aid of trial of money laundering offence under PMLA, an appeal against an order passed by the Authority before the Appellate Tribunal is liable to be entertained on the criminal side. The ultimate test is whether attachment of property was on account of registration of PMLA offence, and what is to be done with the property upon culmination of trial. Since the result of attachment depends on the result of trial of offence involving criminal element, the appeal lies on criminal side.
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