2025 (11) TMI 954

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..... FINAL ORDER FPA-PMLA-6042,6059,6125/AHD/2023 By this batch of appeals, a challenge has been made to the order dated 29.03.2023 passed by the Adjudicating Authority confirming the Provisional Attachment Order dated 03.10.2022. 2. It is a case where an FIR was registered against the appellant Kankipati Rajesh and Rafiq Memon, apart from others for commission of offence under Section 120-B, 201, 465, 471 IPC, 1860, Section 43 read with Section 66 of the Income Tax Act, 2000 and Section 7 of Prevention of Corruption Act, 1988. 3. A preliminary enquiry was conducted which revealed that the appellant demanded an amount of Rs. 5 Lakhs from Shri Mathurbhai Sakaria, one of the complainants, for issuance of his Arms license but ultim....

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.... ran their business but credited Rs. 5.5 Lakhs in the account of the appellant. 6. The facts on record had revealed that appellant was an IAS officer of Gujarat Cadre and had joined as Assistant Collector (SDM) in Junagadh, Gujarat under trainee in June, 2013 and remained posted on different posts from time to time. 7. The Provisional Attachment Order was caused by the respondents to attach the properties for the value equivalent to the proceeds of crime in the hands of the appellant. For that, the value of movable and immovable properties has been given to a sum of Rs. 1,55,30,375/- which is largely out of the fixed deposits and the bank deposits, apart from one shop to the extent of appellant's share. 8. The learned counsel for t....

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.... appellant said to be after undervaluation and thereupon rented out despite being not possessed by the lessee. The Provisional Attachment Order was not caused in reference to alleged bribe money in the hands of the appellant because it was categorically denied. So far as the receipt of donations in the Government account towards the Schemes floated by the Government of Gujarat, the allegation is not made out because the appellant did not receive the money for his benefit but donations were received for the welfare of the State. 11. The story of two shops has unnecessarily been brought because the appellant did not exert any pressure for sale of the shops and it was not purchased on a lower price but at the price otherwise charged from ot....

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.... however, did not find any material to endorse the view expressed by the counsel for the respondents. The initial allegation against the appellant was for acceptance of the bribe money for grant of Arms licenses. 16. During the course of investigation, it was revealed that the appellant had purchased two shops said to be on a lower price and thereafter rented out the premises to charge rent of Rs. 5.5 lakhs without occupation of the shops. The second charge, however, concluded in second charge sheet with the opinion that the purchase of the shops was not at a lower price but the price on which others had also purchased the shops in the same area. Therefore, allegation regarding purchase of two shops on a lower price has not been fortifie....