Release of Property attached under PMLA : Where Proceeds of Crime is not established in Trial

Court :- APPELLATE TRIBUNAL UNDER PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI , Citation :-
In the matter of P. Vijayalakshmi  Vs. The Deputy Director Enforcement Directorate Bangalore the issue before the PMLA Appellate Tribunal was Whether a property shall be attached as proceeds of crime if the scheduled offences under which one is charged for having proceeds of crime is not established after the trial?
 
The Adjudicating Authority has to consider if there is a case of money laundering and whether the property being attached is involved in money laundering. The Adjudicating Authority held that the husband of the Appellant has been involved in five criminal cases of various offences punishable under sections 399 and 402 of IPC along with offences under Arms Act. Thus he is involved in the cases in which some of the sections the applied against him are scheduled offences under the PMLA.
 
It was also further stated that the cases cited by the respondent wherein the appellants husband had been the accused, all the decisions were taken in favour of the appellants husband thereby acquitting him.
 
HELD
 
In the facts and circumstances, the above noted appeal was allowed and the impugned order attaching the property were set aside and the property as described herein above was released from attachment. It was directed that incase the possession of the property has been taken by the ED, the same is restored to the appellant forthwith along with any consequential benefit, if accrued and possessed by the respondent.
 
SECTIONS INVOLVED:
 
Arms Act 1959 – section 25, 30
 
Code of Criminal Procedure 1973 (CrPC) – Section 173
 
Indian Penal Code 1869 (IPC) – 399, 402
 
Prevention of Money Laundering Act 2002 –Section 2(1), 3, 50(2) and 8(5).
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