TaxTMI 
TaxTMI 
2019 (5) TMI 475
X X X X Extracts X X X X
X X X X Extracts X X X X
....as registered under Section 419, 420, 467, 468, 471, 120B IPC at police station vigilance, Chandigarh. The FIR was registered against Shri O.P. Mittal, Shri Harnek Singh, Shri J.B. Singh and Shri Jaswant Singh @ Uttar Singh. In the FIR, it was alleged that persons in FIR in connivance with each other had attempted to get transfer SCF No. 8, Sector 20 C, Chandigarh in favour of Sh. O.P. Mittal. b) After investigation, police report was filed before Trial Court under Section 173 of the Criminal Procedure Code, 1973. The Police also filed report against Shri G.S. Sawhney i.e. husband of Smt. Sudeep Kaur Sawhney (hereinafter called as Appellant). As per police report, with the help of forged power of attorney, persons named in report attempted to get transferred showroom in favour of Sh. O.P. Mittal. A sum of Rs. 35 lacs was settled as sale consideration. The said amount was paid by Sh. O.P. Mittal to Sh. Harnek Singh. The trial is pending before Trial Court, Chandigarh. Copy of report dated 26.10.2009 is also annexed. c) Shri O.P. Mittal has filed the following documents before authorities and Courts admitted return of Rs. 35 lacs: i) Complaint made....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ing) that any person - (i) has committed any act which constitutes moneylaundering, or (ii) is in possession of any proceeds of crime involved in money-laundering, or (iii) is in possession of any records relating to moneylaundering, (or) (iv) is in possession of any property related to crime] then, subject to the rules made in this behalf, he may authorize any officer subordinate to him to - (a) enter and search any building, place, vessel, vehicle or aircraft where he has reason to suspect that such records or proceeds of crime are kept; (b) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by clause (a) where the keys thereof are not available; (c) seize any record or property found as a result of such search; (d) place marks of identification on such record or [property, if required or] make or cause to be made extracts or copies therefrom; (e) make a note or an inventory of such record or property; (f) examine on oath any person, who is found to be in possession or control of any record or property, in respect of a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....hat evidence. Provided that no authorization referred to in sub-section (1) shall be required for search under this sub-section. (4) The authority seizing any record or property under sub- Section (1) or freezing any record or property under sub-Section (1A) shall, within a period of thirty days from such seizure or freezing, as the case may be, file an application, requesting for retention of such record or property seized under sub-Section (1) or for continuation of the order of freezing served under sub-Section (1A), before the Adjudicating Authority.]. 6. Section 18 of PMLA, 2002 reads as under: "18. Search of persons. - (1) If an authority, authorised in this behalf by the Central Government by general or special order, has reason to believe (the reason for such belief to be recorded in writing) that any person has secreted about his person or in anything under his possession, ownership or control, any record or proceeds of crime which may be useful for or relevant to any proceedings under this Act, he may search that person and seize such record or property which may be useful for or relevant to any proceedings under this Act: [....
X X X X Extracts X X X X
X X X X Extracts X X X X
....le shall be searched by any one except a female. (9) The Authority shall record the statement of the person searched under sub-section (1) or sub-section (5) in respect of the records or proceeds of crime found or seized in the course of the search:18 [***] (10) The authority seizing any record or property under subsection (1) shall, within a period of thirty days from such seizure, file an application requesting for retention of such record or property, before the Adjudicating Authority. 7. Sub-section (1), (2) and (3) of Section 20 read as under:- 20. Retention of property.- (1) Where any property has been seized under section 17 or section 18 or frozen under sub-Section (1A) of Section 17 and the officer authorised by the Director in this behalf has, on the basis of material in his possession, reason to believe (the reason for such belief to be recorded by him in writing) that such property is required to be retained for the purposes of adjudication under section 8, such property may, if seized be retained or if frozen, may continue to remain frozen, for a period not exceeding one hundred and eighty days from the day on which such property ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....t the release of the records to the person from whom such records were seized. (6) Where an order releasing the records has been made by the Court [Adjudicating Authority under section (5) of section 21] the Director or any other officer authorised by him in this behalf may withhold the release of any such record for a period of ninety days from the date of (receipt of] such order, if he is of the opinion that such record is relevant for the appeal proceedings under this Act. ] 9. It is clear from the reading of Sections 17 to 21 that outer limit upto the date for deciding the application for retention of property within the meaning of sub-section 4 of Section 21 is 180 days from the date of seizure of any property or records. The said period is not extendable. 10. The person concerned/aggrieved party of such order, is entitled to file the appeal under Section 26 of the Act. The same shall be heard and after giving an opportunity of being heard, the appellant Tribunal shall pass the order either to confirm the order of retention or to modify or setting aside the same. 11. Where the Adjudicating Authority decides by an order confirm the retention under Sub-section ....