2019 (5) TMI 815

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....hority allowed the OC, confirming the prayer of the Enforcement Directorate for attachment of the following immovable property; a) EK-76, Sector-9, Vasundhra Scheme, Ghaziabad, U.P. (area 162 sq.mts.). 3. We had heard both sides and already pronounced the order in the court by allowing the appeal vide order dated 12.04.2019. Now, we are giving our reasons to the aforesaid order as under;- A. The facts of the case in brief: i. It is alleged that the appellant herein Shri Sanjay Kumar was posted in the Ahmedabad Zone of Enforcement Directorate in the year 2015 as Enforcement Officer and was doing investigation of T-3 file No. T-3/17/AMZO/2015 under the provisions of FEMA, 1999. In that case of FEMA investigation ....

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.... have taken huge amount of bribes as quid-pro-quo for acts of omission and commission during the investigation of the above case. v. The appellant was arrested by CBI on 17.02.2017 and filed charge sheet against him and others. At present the appellant is on bail from the CBI Court Ahmedabad and facing trials. vi. On the basis of the registration of the above case by CBI, a PMLA case vide ECIR/02/DLZO-II/2017 dated 17.03.2017 was recorded at New Delhi for enquiring and investigating the case of accepting huge amount of illegal bribe money by showing fear and coerciveness. vii. The Enforcement Directorate provisionally attached the aforesaid immovable property vide PAO no. 02/2018 dated 07.02.2018 and filed the OC ....

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....count all the relevant materials placed on record before me. Considering the material in O.C., the written replies and rejoinders an the arguments above referred, I find that the immovable properties provisionally attached by PAO No. 02/2018 dated 07.02.2018, i.e. immovable property at serial no. 1 (page 44 of PAO) standing in the name of D-1 and immovable property at serial no. 2 (page 44 of PAO) standing in the name of D-2, are involved in money laundering. a. I therefore, hereby confirm the attachment of the properties made under sub-section (1) of Section 5 of PMLA. I, therefore, order that the said Attachment shall continue during investigation for a period not exceeding ninety days or the pendency of the proceedings ....

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.... in his written submissions dated 11.04.2019, inter-alia stated that a Prosecution Complaint under Section 44/45 of PMLA, 2002 for commission of offences under this Act was filed before the Hon‟ble Special Judge PMLA, Patiala House Court, New Delhi on 08.02.2018 cognizance has been taken on the complaint and is pending, listed for 12.04.2019 for arguments. It is further stated that the attached property related to Shri Bimal Ramgopal Agarwal as well as Shri Sanjay Kumar (the present appellant) has been made part and parcel of the said Prosecution Complaint. It is clear from the written submission of the respondent as well as oral submissions made by the learned counsel for the respondent that ED has filed Prosecution Complaint only ag....