2012 (4) TMI 829

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....respondents at the very outset questioned maintainability of the writ petition by stating that the petitioner has an efficacious remedy available under the Prevention of Money Laundering Act (hereinafter referred to as the Act). 3. The power under Article 226 of the Constitution of India is wide enough but the said power is regulated by the self imposed reasonable restrictions. One such restriction includes availability of equally efficacious remedy to the aggrieved party. 4. Precise background of the case is that the respondent No. 3 authorized by the respondent No. 1 under sub-section (1) of Section 5 of the Act read with Notification No. GSR.441(E) dated 1st July, 2005, has passed the provisional attachment order No. 03.CHD/2011. I....

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....ad shah of M/S Firdous Medical Agency. Noticing various features in the said order of corrigendum, the respondent No. 3 has passed the order of provisional attachment and has been directed not to remove, part with or otherwise deal with such properties as detailed in the schedule and in the schedule property as shown is the two storeyed building of the petitioner. 6. Dissatisfied with the corrigendum instant petition has been filed. 7. Learned counsel for the petitioner would contend that the petitioner is not in any manner connected with the commission of offence. While referring to Section 3 of the Act tried to project that action can be only against a person who is directly or indirectly connected with the proceeds of crime. Then a....