2019 (11) TMI 1423

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....CGSC with Ms.Mallika Hiremath, Adv. For The Respondent. ORDER This petition has been filed by the petitioner challenging the letters dated 19.04.2018 in terms of which, the 74 bank accounts of Era Infra Engineering Limited were frozen by the respondent exercising power under Section 102 of the Code of Criminal Procedure, 1973 (CrPC). The petitioner further challenges the order dated 04.10.2018....

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....MLA Act. In his submission, therefore, the Impugned Letters and the order passed by the Adjudicating Authority insofar as it allows the freezing to continue under Section 102 of the CrPC, therefore, cannot be sustained. He, however, fairly admits that during the pendency of the present petition, an order of provisional attachment has been passed by the Competent Authority under Section 5 of the PM....

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.... be observed as under: Perusal of the letters dt. 19.04.2018 addressed to the various banks in respect of different accounts, which all communications are annexed at pages 15 to 26 of OA; shows that the action taken by the Deputy Director, Enforcement Directorate, is in the course of the investigation and the directions given are by exercising powers under section 102 of Cr.P.C. No order in term....

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....tion 102 of Cr.P.C. As there is not order so far passed by the Enforcement Directorate in terms of the provisions of section 17(1A) of PMLA, there could not have been any application before this Authority in terms of the provisions of section 17(4) of PMLA, which is reproduced as under: xxxxx Therefore, the consideration of the OA for the purpose of allowing continuation of the freezing of ban....