2025 (5) TMI 78

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....e filed by the Appellants against the order dated 02.05.2016 vide which Misc. Application No. 20/2015 was disposed of and thereby the properties attached vide Provisional Attachment Order (PAO) 3/2014 dated 11.03.2014 were reconfirmed for attachment. The details of said properties are as under: Sl. No. FardJabti Dated Cash Value & Weight of Gold/Silver/ornament Seizure Form 1. 06.08.2010 1,15,39,690/- - FDR 2. 12.08.2010 - 646.2 gms gold & 536.8 gms silver of Rs. 9,45,080/- - 3. 12.08.2010 24,00,000/- 700 gms gold of Rs. 12,80,451/- FDR 4. 13.08.2010 48,00,000/- - FDR 5. 13.08.2010 47,97,000/- - FDR 6. 14.08.2010 19,99,500/- - FDR 7. 14.08.2010 2,14,94,000/- 4 kg gold of Rs. 74,40,000/- & 4480.730 gms ....

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....trial, Ld. Special Judge, Ajmer convicted the accused persons vide judgment dated 20.12.2014. The said Trial Court disposed of the seized properties under Section 452 of Cr.P.C., which is detailed as under: The cash seized from residence from locker amounting to Rs. 1,15,39,690/- and Rs. 2,14,94,000/- and Rs. 1,99,950/- and Rs. 23,99,000/- and Rs. 24,00,000/- and Rs. 48,00,000/- and Rs. 47,97,000/- all aggregating to Rs. 4,94,29,190/- which was kept in the form of several FDRs in the name of Additional Police Commissioner, ACB; was ordered to be confiscated to the Government of Rajasthan and was directed to be deposited in the State Government Treasury, after lapse of period of appeal and the necessary certificate was directed to be produc....

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....esent appeal as their properties were wrongly confirmed by the Adjudicating Authority, in absence of any apprehension. 4. On the other hand, Ld. Counsel for the respondent ED submitted that Ld. Special Judge after conviction of the accused persons (herein appellant) vide judgment dated July, 2024 ordered for confiscation under Section 452 Cr.P.C. in the favour of the State Government without appreciating the fact that the said properties/disproportionate assets needs to be confiscated in favour of the Central Government, as per PMLA Act, 2002. He argued that provisions of PMLA will prevail over Cr.P.C. for the purpose of attachment and confiscation. Prayer is accordingly made to allow the present appeal. 5. After hearing the rival submiss....