2019 (11) TMI 1423

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....The Petitioner Mr.Amit Mahajan, 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 ....

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....its power under Section 17(1A) of the PMLA 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 Compet....

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....account under section 102 of C.r.P.C, it need to 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 exercisi....

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....the said bank accounts on which the debit freeze is ordered under section 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 cons....