TaxTMI 
TaxTMI 
2026 (9) TMI 420
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....y parking JCBs. The police party could somehow reach at the residence where they were attacked by Vikas Dubey and others by using automatic and semi-automatic guns. Eight police personnel died in the said incident. Subsequent to the incident reported above, when investigation was transferred, it was found that accused Vikas Dubey was involved in various offences and accordingly multiple FIRs exist against him. His involvement was found in corruption and embezzlement of funds meant for Public Distribution System and forcefully taking over the business. He was found to be a land mafia and involved in organized crime. The accused Vikas Dubey ultimately died in an encounter. 3. The respondents recorded the ECIR finding a predicate offence and accordingly caused independent investigation under the Act of 2002. An order for provisional attachment of the properties was caused to the extent of Rs. 10,12,27,216/- finding that the properties have been acquired out of the proceeds of crime. It was confirmed by the Adjudicating Authority after taking note of the facts of the case, apart from the fact that 39 FIRs have been registered against the accused Vikas Dubey. The properties under att....
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.... It is to avoid repetition of facts and otherwise for the sake of brevity. Finding of the Tribunal: 9. I have considered the rival submissions of the parties and scanned the matter carefully. 10. The facts relevant to the case for causing provisional attachment of the properties have been given in the opening paras which are not required to be reiterated. It would, however, be relevant to refer that as many as 39 FIRs were registered against Vikas Dubey showing his involvement in variety of offences. The details of 39 FIRs have been given, which was referred by the counsel for the appellant. 11. It is a case where the accused Vikas Dubey killed eight police personnel while they came to his residence to arrest him. It is otherwise found that Vikas Dubey was involved in variety of the offences which led him to a land mafia. He ultimately died in a police encounter. The learned counsel for the appellant has not placed on record any material to show source of legitimate income of Vikas Dubey and even the appellant Richa Dubey. The challenge to the provisional attachment of the properties has been made, raising many grounds which are going to be dealt with. 12. The first arg....
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.... definition of "property" as in Section 2(1)(v) is equally wide enough to encompass the value of the property of proceeds of crime. Such interpretation would further the legislative intent in recovery of the proceeds of crime and vesting it in the Central Government for effective prevention of money-laundering. 69. We find force in the stand taken by the Union of India that the objective of enacting the 2002 Act was the attachment and confiscation of proceeds of crime which is the quintessence so as to combat the evil of money laundering. The second proviso, therefore, addresses the broad objective of the 2002 Act to reach the proceeds of crime in whosoever name they are kept or by whosoever they are held. To buttress this argument, reliance has been placed on the dictum in Attorney General of India (supra) and Raman Tech. and process Engg. Co. vs. Solanki Traders". 13. Apart from the judgment cited above, perusal of Section 5 and 8 of the Act of 2002 would also clarify that for causing provisional attachment of the properties, the word 'accused' has not been used anywhere, rather whosoever is in possession of the proceeds of crime can be dealt with by way of provisiona....
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....named as accused in the complaint to be filed by the authorised officer concerning offence under section 3 of the 2002 Act. 68. It was also urged before us that the attachment of property must be equivalent in value of the proceeds of crime only if the proceeds of crime are situated outside India. This argument, in our opinion, is tenuous. For, the definition of "proceeds of crime" is wide enough to not only refer to the property derived or obtained as a result of criminal activity relating to a scheduled offence, but also of the value of any such property. If the property is taken or held outside the country, even in such a case, the property equivalent in value held within the country or abroad can be proceeded with. The definition of "property" as in Section 2(1)(v) is equally wide enough to encompass the value of the property of proceeds of crime. Such interpretation would further the legislative intent in recovery of the proceeds of crime and vesting it in the Central Government for effective prevention of money-laundering. 69. We find force in the stand taken by the Union of India that the objective of enacting the 2002 Act was the attachment and confiscatio....
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....e appellant further submitted that the properties under provisional attachment were acquired from the disclosed sources. It includes ancestral properties. The argument has been raised without showing or referring to the document to prove the source to acquire the properties or otherwise an ancestral property. The provisional attachment of the properties has been caused in reference to the deeds of the accused Vikas Dubey who had acquired the properties out of scheduled offences. The appellant has failed to disclose the source of the properties purchased by Vikas Dubey or her own source to acquire the properties. It was called upon by the Adjudicating Authority as per Section 8(1) of the Act of 2002. 16. The counsel for the respondents on the other hand submitted that the properties were acquired by Vikas Dubey in his own name, in the name of his wife and the son out of the proceeds of crime and, therefore, the legitimate source to acquire the properties could not be disclosed. The appellant could not even disclose any business or the source of the accused Vikas Dubey so as to acquire number of properties. The fact aforesaid is relevant because as many as 39 FIRs were registered ....