TaxTMI 
TaxTMI 
2019 (8) TMI 1379
X X X X Extracts X X X X
X X X X Extracts X X X X
....as pronounced on 31.10.2012. The Certified copies of the Impugned Order were delivered on 25.02.2013 through Speed Post, which was forwarded by the Assistant Director, Directorate of Enforcement, Hyderabad Zonal Office, Hyderabad vide letter F. No. ECIR/09/HZO/2009/VPK/414 dated 21.02.2013. The present appeal is filed within time. By this Order, this Tribunal proposes to decide the above-mentioned appeals. 2. The proceedings under Section 5 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the PMLA) have been initiated consequent to the filing of the Charge Sheet No. 125/2010 dated 26.06.2010 under Section 173 of the Cr.PC by the Inspector of Police, WCO Team-IV, CCS, DD, Hyderabad, in FIR No. 151/2009 dt. 17.06....
X X X X Extracts X X X X
X X X X Extracts X X X X
....em in banks. In pursuance of their conspiracy, Ankem Rammohan Rao, contacted his friend Katneni Sarath Babu (D2) working as Deputy Manager in the Cheque Processing Centre, Andhra Bank, Saifabad, Hyderabad. He assured them of all necessary assistance by giving the cheque number and account number of bank accounts of government PSUs. 6. Details of immovable properties acquired by Ketneni Sarath Babu (D1) and Mandala Ramesh (D2) Sr. No. Name of the property owner Document No. & Year Name of the SRO Details of Property 1. Shri Katneni Sarath Babu No. 886 dated 07.02.2003 Kukatpally, Rangareddy Dist. Flat No. B-205, (1289 Sq.ft.), H.No.1-156, 1- 157, 1-158 and 1- 150/1 2nd Floor, Vamsi Enclave, Snehapuri Colony, ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ed replies before the Adjudicating Authority. 10. The appellants Shri Madala Ramesh and Shri K. Sarath Babu were the accused nos. 3 and 6 before the Special Court of the XII Additional Chief Metropolitan Magistrate, Hyderabad, where the complaint against the appellant Shri Madala Ramesh and other parties was sub-judice before the Special Court. The appellant was the defendant no.4 in the criminal complaint under sub-section (5) of Section 5 of PMLA. Admittedly, the appellant Shri Madala Ramesh has been acquitted by the Special Court of the XII Additional Chief Metropolitan Magistrate, Hyderabad, Para 47, 49, 52 and 53 are reproduced here below: "47. The Investigating Officer also admitted that basing on the confession of A1, ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... well as the Provisional Attachment Order. 12. The relevant provisions under Section 8 (1) to (3) and (5) of 'The Prevention of Money - Laundering Act, 2002' (15 of 2003) as amended by 'The Prevention of Money Laundering (Amendment) Act, 2009' (21 of 2009) are reproduced here below:- 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] it may serve a notice of not less than thirty days on such person calling upon him to indicate the sources of his inco....
X X X X Extracts X X X X
X X X X Extracts X X X X
....volved 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 under Section 17 or Section 18 and record a finding to that effect, such attachment or retention of the seized property or record shall- (a) continue during the pendency of the proceedings relating to any scheduled offence before a court; and (b) become final after that guilt of the person is proved in the trial court and order of such trial court becomes final. (5) Where on conclusion of a trial for any sched....