2019 (8) TMI 1380

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.... 25. Shri Jafar Mohamed Hasanfatta, the elder of the three brothers, has been found to have an account bearing number 364101010020083 with the Union Bank of India, Nanpura, Surat. The said account reflects transactions: a. He received Rs. 1,00,00,000/- from M/s. Natural Trading Co. on 06/01/2014 and transfers the amounts of Rs. 35,00,000/- on 08/01/2014 to his wife and a big chunk to his youngest brother Shri Ahmed Mohamed Hasanfatta. He was also found to have invested with M/s. Angel Broking. b. He received Rs. 2,00,00,000/- from Natural Trading Co. on 31/01/2014 and transfers Rs. 20,00,000/- to Shri Afroz Mohamed Hasanfatta. He also made investment amounting to Rs. 42,00,000/- with M/s. Angel Broking on 01/02/2014 and Rs. 55,68,750/-....

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....,000/- from Shri Jafra Mohamed Hasanfatta on 05/03/2014. He was also found to have made investment amounting to Rs. 31,00,000/- with Shri Abdul Karim Jaka on 24/03/2014. 2. Case of the appellant in appeal no. FPA-PMLA-1048/AHD/2015 (a) The appellant purchased the land admeasuring 3445 Sq.Mtrs at the old survey no 595 and after the revision new survey no 391,T.P Scheme No.29 being T.P. Scheme No. 29, ( Vesu - Rundh - Magdalla) O.P.No.86/Paiki Sub-Plot No 2, Dist. Surat by registered sale deed dated 05/07/2008. (b) The appellant had paid Rs. 1,01,22,325/- to the Surat Municipal Corporation towards land development charges. This amount of Rs. 1,01,22,325/- is alleged Proceeds of Crime. (c ) In fact on 14/02/2014, the appellant had recei....

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....n with an ECIR No. ECIR/01/SRT/2014 dated 17/04/2014 registered with Sub Zonal Unit, Surat of Directorate of Enforcement. 3. Case of the appellant in appeal no. FPA-PMLA-821/AHD/2015 is that:- (i) The appellant purchased the Flat being 1101, Hicon Flat, 11th Floor, "Hicons Grande", Bandra, Mumbai admeasuring 1133 Sq. Ft. Carpet Area along with Car Parking of 450 Sq. ft. on the same floor by registered sale deed dated 13/03/2014. (ii) The appellant had paid Rs. 2,00,00,000/- to its owner Fancy Builders Pvt. Ltd. of Mumbai towards consideration. This amount of Rs. 2,00,00,000/- is alleged Proceeds of Crime. (iii) The alleged Proceeds of Crime was used for making payment to the Fancy Builders Pvt. Ltd, Mumbai towards the sale considerat....

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.... Court of Gujarat by judgement and order dated 16/02/2017 passed in Criminal Revision Application No. 926 of 2016, discharged the appellant from the PMLA Case No. 3 of 2014. 7. The Enforcement Directorate has preferred Special Leave Petition (Criminal) No. 9427 of 2018. The Hon‟ble Supreme Court has issued notice, however did not stay the order passed by the Hon‟ble High Court of Gujarat passed in Criminal Revision Application No. 926 of 2016. 8. The Aim and Object of the Prevention of Money Laundering Act, 2002 is to find out property derived or obtained by any person as a result of criminal activity relating to a scheduled offence and to attach, freeze and confiscate the same subject to the trial under the Prevention of Mone....