2022 (11) TMI 1592

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....BPT - 167/MUM/2018 - -<br>Benami Property<br>Justice Munishwar Nath Bhandari (Chairman), Shri Gopal Chandra Mishra And Shri V. Anandarajan, (Members) For the Appellants : Mr. Ashwani Taneja, Advocate, Ms. Gunjan Chauhan, Advocate, Mr. Sankalp Malik, Advocate, Mr. Prabhat Kumar Rai, Advocate, Mr. Ayush Saini, Advocate, Mr. Mrinal Agrawal, Advocate, Ms. Peeha Verma, Advocate, Ms. Diva Kant Ranjan, Advocate. For the Respondent : Shri Manmeet Singh Arora, S.P.P., Ms. Sarabjeet Kaur Wadhwa, Advocate. ORDER FPA-PBPT-211-212/MUM/2018, FPA-PBPT-196-200/MUM/2018, FPA-PBPT 163-167/MUM/2018 1. These appeals have been preferred to challenge the order passed by the Adjudicating Authority under Section 26(3) and 24(6) of the Prohibition of....

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....case supra. 5. The prayer is to set aside the order of the Adjudicating Authority and also the proceedings in view of the judgment of the Apex Court supra. 6. The learned counsel for the respondents have opposed the appeal, however he could not contest that the benami transaction referred by the Benami Prohibition Officer is of the period prior to the Amendment Act, 2016. 7. It is however submitted that the Department has filed a review petition before the Apex Court in the case of "Union of India & Anr. v/s M/s. Ganpati Dealcom Pvt. Ltd." reported in 2022 SCC Online SC 1064. Thus, if the appeals are allowed after governing it by the judgment of the Apex Court in the case supra, liberty be given to the Department to take the approp....

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.... d) In rem forfeiture provision under Section 5 of the 2016 Act, being punitive in nature, can only be applied prospectively and not retroactively. e) Concerned authorities cannot initiate or continue criminal prosecution or confiscation proceedings for transactions entered into prior to the coming into force of the 2016 Act, viz., 25.10.2016. As a consequence of the above declaration, all such prosecutions or confiscation proceedings shall stand quashed. f) As this Court is not concerned with the constitutionality of such independent forfeiture proceedings contemplated under the 2016 Amendment Act on the other grounds, the aforesaid questions are left open to be adjudicated in appropriate proceedings". 11. In the light....