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2025 (11) TMI 1556
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....ct, 2002 [PMLA]. The prayer is to set aside order dated 21.05.2019 passed by learned Appellate Tribunal, PMLA. 2. Briefly stated, the case of the ED is to the effect that several premises of one Mr. Hassan Ali Khan and his associates were raided by Income Tax Department on 5th & 6th January, 2007. Such searches brought to fore various bank accounts opened by them outside India, particularly, in Switzerland and Singapore. 3. Having learnt the same, ED also carried out investigation under the provisions of PMLA, which revealed commission of offences punishable under Sections 467/420/471 of Indian Penal Code, 1860 r/w Section 10(3) and 12(1) of Indian Passports Act, 1967. Since said offences were scheduled offences under PMLA, a criminal....
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....that he and his brother owned one property and decided to sell the same and, therefore, entered into one agreement-to-sell on 09.10.2014 with one Mrs. Indu Devi. The sale consideration was Rs. 85 lacs. However, since buyer Mrs. Indu Devi failed to arrange for the same, said agreement was cancelled and the advance amount was forfeited. 12. According to him, as per subsequent verbal understanding, the aforesaid property fell to his exclusive share and Mrs. Indu Devi approached him again seeking extra time to arrange for the funds and since she was an old tenant, extension was granted, albeit, against enhanced sale consideration of Rs. 1,01,00,001/-. 13. Respondent also claimed before Adjudicating Authority that he was earning Rs. 3 lacs....
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....ate Tribunal, ED did file one supplementary complaint 17.07.2018 before the Sessions Court, Mumbai. It was, however, in continuation of previous ECIR filed on 06.05.2011. 21. In such supplementary complaint, it was mentioned that the statement of Mr. Amlendu Pandey had been recorded wherein he, inter alia, admitted that he had facilitated Mr. Hassan Ali Khan in obtaining passport on the basis of forged documents and also admitted that he had accompanied him to Singapore to open an account in Singapore. As per said complaint, respondent had even failed to substantiate his assertion about sale of property as he could not show any document in support thereof. 22. The question posed to the learned Appellate Tribunal was a limited one. The....
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.... Section 5(5) of PMLA. 26. Though, in a way, the ultimate outcome might be attachment and seizure while taking any action under the aforesaid two provisions, there is a subtle difference between the two. 27. Section 5, which falls under Chapter-III of PMLA, kicks in when the designated officer of ED has reason to believe that any person is in possession of any proceeds of crime and that such proceeds are likely to be concealed, transferred or dealt with in a manner which may result in frustrating the proceedings relating to confiscation thereof. 28. Section 17 of PMLA, whereas, falls under Chapter-V which relates to summon, search seizure etc. Scope of any search and seizure made under Section 17 of PMLA is much wider as it does no....
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....mitted any offence, directly or indirectly. It was also submitted that once he had expired, all the proceedings against him stood abated. Thus, the prime argument was that since no prosecution complaint had ever been filed when he was alive, after his death, no complaint was maintainable. 34. As per Section 17 of PMLA, search can be conducted in the premises of "any person" who has committed any act which constitutes money-laundering or is in possession of proceeds of crime or is in possession of any records relating to money-laundering, or is in possession of any property related to crime and though as per proviso (since omitted), there was a pre-condition of there being a complaint or report but it was never the requirement of law that....
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....laundering activities were still going on and ED, therefore, decided to conduct search to recover incriminating material. As per Section 17(1)(iii), the premises of any person, who is in possession of any records relating to money laundering, can also be searched. 40. Be that as it may, the search is of 09.02.2016 and it was consequent upon a 'complaint' already forwarded to the Court in the year 2011. 41. Since the precondition is clearly met, the impugned order is not sustainable. 42. Undoubtedly, since ED knew that the respondent had expired, such fact should have been clearly described in the supplementary complaint filed on 17.07.2018. However, fact remains that such subsequent filing of supplementary complaint has no relevanc....