TaxTMI 
TaxTMI 
2021 (8) TMI 404
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....ve action, enquiry against the Petitioners, pursuant to investigation in FIR No. 123/2019, PS: EOW, Delhi; and (c) issue a Writ of Certiorari or any other Writ of like nature and quash the notices dated 15.02.2021, 30.03.2021 15.04.2021 [Annexure(s) P-8, P-9 & P-1 l respectively] issued by the Respondent No. 1 to the Petitioner No. 2; and (d) To pass such other direction/order as deemed appropriate in order to meet the ends of justice and in the interest of law." 2. Notice was issued on 04.06.2021. Status Report has been filed. As per the Status Report, a number of complaints were received against one Sanjay Bhati and others of M/s Garvit Innovative Promoters Limited, having its registered office at Plot No.1, Chiti, Dadri, District Gautam Budh Nagar, Uttar Pradesh, regarding cheating of approximately Rs. 42 thousand crores. The Status Report reveals that the accused induced gullible victims to invest in a bike and receive monthly pay back, including principle and rental income on that bike for one year under the scheme. It is stated that being lured by the said scheme a number of persons invested money. It is stated that the accused absconded with the money an....
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....ized records and properties. Show cause notices have been issued to the petitioner. The material on record indicates that proceedings under Section 5 of the PMLA have been initiated against the accused persons, including the petitioner herein, attaching various movable and immovable properties. Show cause notices have also been issued against the accused persons including the petitioner herein, under Section 5(5) of the PMLA stating as to why the properties attached on 20.07.2020 should not be confirmed. The petitioner approached this Court by filing W.P.(C) 3565/2021 with the following prayers: "A). issue a Writ of Mandamus or any other writ of like nature thereby directing that the Respondent No. 1 to dispense with the pronouncement of the order under Section 8(2) of Prevention of Money Laundering Act, 2002 in Original Application No. 388/2020 filed by the Respondent ho. 2 on 23.03.2020, and; B) issue a Writ of Mandamus or any other writ of like nature thereby direct the Respondent No. I to provide free certified copies of the orders so pronounced in OA No. 3880020 to the Petitioners," W.P.(C) 3565/2021 is pending. 4. The instant writ petition has been fil....
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....operty. Section 5(1) of the PMLA, which is relevant of the case reads as under: "5(1). Where the Director, or any other officer not below the rank of Deputy Director authorised by him for the purposes of this section, has reason to believe (the reason for such belief to be recorded in writing), on the basis of material in his possession, that- (a) any person is in possession of any proceeds of crime; (b) such person has been charged of having committed a scheduled offence; and (c) such proceeds of crime are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of crime under this Chapter, he may, by order in writing, provisionally attach such property for a period not exceeding 9 [one hundred and fifty days] from the date of the order, in the manner provided in the Second Schedule to the Income-tax Act, 1961 (43 of 1961) and the Director or the other officer so authorised by him, as the case may be, shall be deemed to be an officer under sub-rule (e) of rule 1 of that Schedule: [Provided that no such order of attachment shall be made unles....
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....h reliance has been placed by the learned counsel for the petitioner reads as under: "45. Offences to be cognizable and non-bailable.- ***** (1A) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other provision of this Act, no police officer shall investigate into an offence under this Act unless specifically authorised, by the Central Government by a general or special order, and, subject to such conditions as may be prescribed......." 13. A perusal of the above mentioned provisions makes it clear that the purpose of enacting the PMLA was to prevent money laundering and to prevent confiscation of property derived from or involved in money-laundering. The purpose of investigation under the PMLA is to unearth the proceeds of crime and attach the same and to punish the offenders who are involved in committing the offence of money-laundering. Section 45 (1A) mandates that no Police Officer shall investigate into an offence under the PMLA unless specifically authorised by a general or special order issued by the Central Government. Just because an investigation for an offence under the PMLA has to be conducted ....