AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2025 (3) TMI 1616
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....ituated at B-4/199, G-2, Samridhi Apartment, Chitrakoot, Vaishali Nagar, Jaipur valued at INR 15.00 lacs. The said PAO was confirmed by the Adjudicating Authority vide its order dated 10.02.2016. Out of 4 appeals, 2 appeals have been preferred against the said order by Shri Shiv Narayan Joshi and HDFC Bank. The appeals have not been preferred by Smt. Pushpa Joshi who was also the defendant before the Adjudicating Authority. 2. The other PAO was passed by the respondent on 04.12.2018 to attach the property worth of Rs. 13,53,445/- consist of STDRs held in State Bank of India by Shri Shiv Narayan Joshi aggregating to Rs. 12,63,062/- and LICs policies having surrender value of Rs. 45,310/- in the name of Shri Shiv Narayan Joshi and another policy in the name of Smt. Pushpa Joshi for surrender value of Rs. 45,073/-. The total value came to Rs. 90,383/-. Brief facts of the case: 3. The appellant, Shri Shiv Narayan Joshi, Assistant Engineer of Public Works Department, Government of Rajasthan, was on deputation to Jaipur Development Authority (in short "JDA") upto 18.12.2008. During the period of deputation, a liver transplant surgery of his son, Shri Amit Joshi was undertaken at....
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....pur on 30.12.2009. The charge-sheet was filed thereupon for the offence under Section 420,463, 464, 465, 467, 468, 471 & 120B of the IPC. During the course of investigation, the police authorities recovered Rs. 48.62 lacs from the persons to whom the money was transmitted by the appellant, Shri Shiv Narayan Joshi. The respondent then attached the flat because amount reimbursed to the appellant towards alleged medical bills was not available. It was a flat at the value of Rs. 15 lacs as against proceeds of crime of Rs. 2,65,96,086/-. The details of the aforesaid payments to Shri Shiv Narayan Joshi are given as under: Medical Bill No. & date Date of credit in A/c No. 61069216008 Amount (INR) 1. 40/19.06.09 19.06.09 7,05,301 2. 45/06.07.09 08.07.09 7,41,462 3. 48/15.07.09 15.07.09 1,52,927 4. 52/22.07.09 22.07.09 21,94,140 5. 56/31.07.09 31.07.09 3,05,623 6. 57/06.08.09 03.08.09 24,99,626 7. 61/18.08.09 10.08.09 24,99,626 8. 69/25.08.09 25.08.09 24,99.626 9. 77/02.09.09 03.09.09 24,99,626 10. 80/14.09.09 14.09.09 24,99,626 11. 82/22.09.09 ....
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.... 9. 14.09.09 Cash withdrawal 999000 10. 22.09.09 Cash withdrawal 999000 11. 21.10.09 Cash withdrawal 999000 12. 31.10.09 Cash withdrawal 999000 13. 10.11.09 Cash withdrawal 999000 14. 18.08.09 Withdrawal by cheque 999000 15. 19.08.09 Withdrawal by cheque 999000 16. 29.09.09 Withdrawal by cheque 3600000 17. 07.11.09 Withdrawal by cheque 500000 Total 1,47,92,000 The total withdrawal of the amount was matching to the amount sought by the appellant towards the reimbursement of medical bills. The amount of Rs. 48.62 lacs recovered by the police authorities followed by PAO of the amount. Arguments of the Counsel for the appellant: 7. The Counsel for the appellant submits that no forgery was committed by him, as alleged, to seek reimbursement of a medical bills for a sum of Rs. 2,65,96,086/- towards treatment of his son. The medical bills were sent for CFSL report and the signatures of the officials of Sir Ganga Ram Hospital, New Delhi was verified. Thus, with no stretch of imagination, the matter could have proceeded further after the CFSL report.....
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.... It was based on fabricated documents. The FIR was registered by the PWD followed by the charge-sheet. The appellant and his son remain behind bars for a considerable period. They were granted bail by the Apex Court. The involvement of the appellant in commission of crime is writ large and can be seen from the facts available on the record. The detailed arguments was made by the Counsel for the respondent to justify the attachment of the flat and also FDRs and LIC policies. We would refer to those arguments while recording the finding on each issue raised by the appellant to avoid repetition of one and the same facts. Findings of the Tribunal: 13. The brief facts of the case have been given in the beginning which show a serious allegation against Shri Shiv Narayan Joshi for seeking reimbursement of a bill of Rs. 2,65,9h6,084/- based on forged documents. The main thrust of the argument of the appellant was in reference to CFSL report to hold bills to be genuine. It was submitted that once bills sought for reimbursement were found to be genuine, there was no reason to confirm the attachment of flat under first PAO and thereupon the moveable properties. To analyze the first issu....
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....n this case. 15. Table 3 reproduced earlier shows withdrawal of the amount in cash worth of Rs. 1,47,92,000/-. It is without reference of reimbursement of the said amount towards the alleged medical bills of Sir Ganga Ram Hospital, New Delhi. The withdrawal of cash could not be justified by the appellant. The story taken by the appellant is about borrow of the amount from friends and relatives is without naming them with proof of receipt of the amount. It should have otherwise come in the bank account of the appellant and then to transfer it to the Bank account of the Hospital. The CFSL report cannot govern or turn the facts aforesaid, rather, the allegation is to be based on bundle of facts and cannot be demolished only in reference to CFSL report. 16. The statement of the appellant, Shri Shiv Narayan Joshi was recorded under Section 50 of the Prevention of Money-Laundering Act, 2002 ( in short "the Act of 2002") where he stated that the amount of Rs. 2,65,06,084/- was paid by him to Sir Ganga Ram Hospital by taking it from his friends and relatives apart from the others. The appellant failed to name a single person from whom the money said to have been borrowed with disclos....
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....e two different cheques of Rs. 1 lac and Rs. 9 lacs issued by Indian Overseas Bank where the appellant was having another bank account and transferred the amount after reimbursement of the initial bill. In fact, further scrutiny of the bank account reveals that the appellant, Shri Shiv Narayan Joshi and Smt. Pushpa Joshi shifted their home-loan from Vijaya Bank to Indian Overseas Bank on 03.07.2009. The monthly instalment for repayment of loan amount was deposited in cash and some time it was transferred from the saving bank of Smt. Pushpa Joshi. The detailed facts have been given as to how the amount of Rs. 2,65,96,086/- was laundered by the appellant which includes the fact pertaining loan to M/s Vardan Enterprises of appellant's son. Otherwise facts on record are sufficient to prove how fraudulently the appellant sought reimbursement of Rs. 2,65,96,086/-. 21. The appellant has questioned the attachment of the flat purchased prior to commission of crime. It is a fact that flat was purchased prior to commission of crime but then the material available on record shows that the purchase of the flat was after taking loan but was repaid by shifting account to Indian Overseas Bank a....