2025 (4) TMI 250

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ER FPA-PMLA-2197/IDR/2018 FPA-PMLA-2141/IDR/2018 By these two appeals under Section 26 of the Prevention of Money Laundering Act, 2002, a challenge has been made to the order of the Adjudicating Authority dated 29.06.2017 confirming the Provisional Attachment Order. The learned counsel for the appellants submitted that by the impugned order, the Provisional Attachment Order against number of parties was confirmed. The appeals were preferred by few appellants leaving others. This Tribunal passed a separate order on 18.12.2024 in reference to three appeals leaving the present two because a limited issue has been raised for challenge to the impugned order. 2. The learned counsel for the appellants referred to the facts of the case ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....orted in 2018 SCC Online Delhi 6523, it was obligatory on the part of the Adjudicating Authority to serve a notice under Section 8(1) of the Act of 2002 along with reasons to believe. In the instant case, notice served by the Adjudicating Authority was without disclosing reasons to believe, thus on the aforesaid ground also, the impugned order deserves to be set aside. 6. The counsel for the appellants did not raise any other issue despite an opportunity for it, rather prayed for remand of the case in the light of the legal issue raised by him. 7. The appeal was contested by the respondent. It was submitted that Section 8(1) of the Act of 2002 does not envisage service of notice along with the reasons to believe. The reasons to believ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... by Act 21 of 2009, Section 5, for "offence under section 3".], it may serve a notice of not less than thirty days on such person calling upon him to indicate the sources of his income, earning or assets, out of which or by means of which he has acquired the property attached under sub-section (1) of section 5, or, seized [or frozen] [Inserted by Act No. 2 OF 2013] under section 17 or section 18, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties should not be declared to be the properties involved in money-laundering and confiscated by the Central Government: Provided that where a notice under this sub-section specifies any property as being held by a....