AI Drafter 
TaxTMI 
TaxTMI 
2025 (2) TMI 1748
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....nnaught Place, New Delhi 000701211460 22316.45 4. HDFC Bank, Deer Park, Safdarjung, New Delhi 05031930005607 101683.45 Life Insurance Policies S. No. Policy No. Insurance Company Date of Maturity Sum assured 1. 111973427 Life Insurance Corporation 15.11.2016 100000 2. 113049028 Life Insurance Corporation 25.01.2016 50000 3. 1200900959548 Metlife Life Insurance Company 31.03.2019 25000 4. 00359581 ICICI Prudential Life Insurance Life time 300000 Vehicle S. No. Detail of vehicle Owner 1. Honda City Car No. DL7CF2115 Shiv Murat Dwivedi Immovable property S. No. Address of the property Owner 1. Entire property at C-120/1, Jawahar Park, Devli Road, Khanpur, Delhi valued at Rs. 52,81,900/- Shiv Murat Dwivedi 2. As per facts of the case on 25.02.2010, the Police Station Saket, New Delhi received information from an informer, that a gang involved in immoral trafficking of women was active near PVR Saket. The pimps along with the girls would be coming to the area at around 10:00 p.m. for soliciting customers and if a raid was conducted at t....
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....oming to PVR Saket complex at around 10:00 p.m. with the girls and solicit customers for sex and if a raid was conducted at the spot, the pimps along with the girls involved in the sex racket could be caught red- handed. The message was conveyed to the ACP, Hauz Khan who directed to take immediate action. The SHO, PS Saket, constituted a raiding party' constituting Insp. Dharam Dev, SI Dalip Kumar and others including women constables wherein SI Dalip Kumar and SI Sanjay Sharma were in civil clothes. The information was registered in the daily diary of the police station and the raiding team was dispatched to PVR Saket Complex where ACP Hauz Khas, Sh. Mehar Singh, also arrived. He briefed the raiding party and passers-by were requested to join the raiding party but all of them left citing some reason or the other. Without losing time, the members of the raiding team jumped into action. SI Sanjay Sharma was detailed as decoy customer and SI Dalip Kumar was detailed as shadow witness and the raiding party took their positions. At around 10 p.m. one Honda City car No. DL7CF- 2115 and a Honda Civic car No. DL4CA-0300 came and stopped opposite PVR Cinema, regarding which the i....
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.... would be charged. These three girls also, offered to have sex with them and assured complete sexual satisfaction. SI Sanjay Sharma and decoy customer chose Ashu Dubey. Shiv Murat Dwivedi and Praveen Kumar @ Ankit demanded Rs. 3,000/- each as their commission on which decoy customer SI Sanjay Sharma handed over three notes of one thousand denomination each whose nos. are 498812, 818857 and 259569 to Shiv Murat Dwivedi and two notes of one thousand denomination each whose nos. were 725539, 585981 to Praveen Kumar@ Ankit. Shadow witness SI Dalip Kumar fully corroborated the facts told by SI Sanjay' Sharma, the decoy customer. Shiv Murat Dwivedi, on being searched, was found in possession of the same notes of denomination Rs. one thousand and Praveen Kumar @ Ankit also on being searched was found in possession of the same two notes of denomination Rs. one thousand. The notes recovered from Shiv Murat Dwivedi and Praveen Kumar @ Ankit were kept in different parcels and sealed with the seal of PS and taken into possession through seizure memos. Thus, Shiv Murat Dwivedi along with his associate Praveen Kumar by offering the girls for sexual purpose and taking money in lieu of that an....
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....der section 3 of MCOCA, 1999. Accordingly, Enforcement Directorate recorded ECIR No. 53/DZ/2010 and thereafter initiated investigation under PMLA. The ED conducted the investigation under PMLA and recorded the statement of accused persons/suspects and others and also obtained the documents from the banks and Income Tax Department. On the basis of material on record, the ED attached the properties of the appellant as mentioned in para 1 above and thereafter filed Original Complaint No. 478/2015 against the defendant for confirmation of PO. The Adjudicating Authority being satisfied with the allegations made in the complaint along with the relied documents issued show-cause notice to the defendants. After receiving the replies and hearing the rival submissions, the Adjudicating Authority confirmed the Provisional Attachment Order vide order dated 06.08.2015. Being aggrieved by the said order, the appellant filed the present appeal. 3. During the course of hearing, the Ld. Counsel for the appellant stressed that the Ld. Adjudicating Authority failed to appreciate the facts that all the movable and immovable properties mentioned in para 1 were invested/acquired much prior to t....
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....e Ld. Counsel for the E.D. strongly controverted the above submissions and pointed out that appellant has generated POC to the tune of 1.5 crores as per prosecution complaint and appeal be dismissed. 5. After hearing the rival submissions, I have given my thoughtful consideration of the same. There is no denial to the fact that appellant is a habitual criminal being in the trade of immoral trafficking of ladies and earning money from flesh trade, as apparent from para no.2 above. Making the assets from said illicit source is not ruled out. The contention of the appellant for acquiring the assets from legal sources needs to tested by the PMLA Court after examination and cross- examination of defence witnesses. The contention of the appellant that all the movable and immovable properties mentioned in para no.1 above were invested/acquired much prior to the alleged period of offence is devoid of any merits, seeing the fact that he is continuously in this immoral trafficking from 1998 onwards. It would be gainful to refer to the definition of "proceeds of crime" given under Section 2(1) (u) of the Act of 2002 and is quoted thus- 2. Definitions -(1) In this Act, unless th....