2024 (6) TMI 314

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.... Abee Shejirik Fasla N.K (K/345/2018), Muhamed Junaid V. (K/680/2020), Adith Krishnan. U. (K/001385/2023), Sherin Sheriyar (K/4033/2023), Afeefa Nafeesa C.C.(K/001768/2024), Augustine P.(K/45/1990), Sri. Jaishankar V Nair (Sc- R3 And R6), Sri. Sreelal N Warrier (SC R4), JUDGMENT Petitioner has approached this Court, challenging Ext. P17 provisional attachment order under Sub-Section (1) of Section 5 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as 'the PMLA'). It is the case of the petitioner that, by Ext. P17 order, the amount of money paid by the Customs Department to the petitioner pursuant to the directions issued by the Division Bench of this Court of this Court have been attached. 2. Sri. M A. Baby, Lea....

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....pearing for the 4th respondent, Sri. Jaishankar V. Nair, the learned counsel appearing for respondent Nos. 3 and 6, learned Central Government Counsel appearing for respondent Nos. 1,2 and 5, Sri. Jawahar Jose, learned Counsel appearing for the 7th respondent and Sri.P A. Mohammed Shah, appearing for respondent No. 8. 4. Sri. Jaishankar V. Nair, learned Counsel appearing for respondent Nos. 3 and 6 would submit that Ext. P17 is only a provisional attachment order under Section 5 of the PMLA. It is submitted that the petitioner is entitled to file reply/objections to the provisional attachment order and the Adjudicating Authority has to either confirm or cancel the provisional attachment order by passing an order under Section 8 of the PMLA....

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....erfered with the continuance of the criminal proceedings under Section 135 of the Customs Act as the said criminal case relates to other offences committed by the petitioner. It is submitted that, if it could be established that the amount now attached by Ext. P17 order was in fact the proceeds of crime, obtained as a result of criminal activity, the amount could still be attached under the provisions of the PMLA. It is submitted that, every opportunity will be given to the petitioner to raise all contentions against the provisional attachment order. It is submitted the petitioner has no cause of action to approach this Court, challenging the provisional attachment order, in a writ petition under Article 226 of the Constitution of India. 5....