C.C.William Verghese vs Union Of India
2022 Latest Caselaw 3582 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE K.HARIPAL
     THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                       WP(CRL.) NO. 271 OF 2022
PETITIONERS:

    1     C.C.WILLIAM VERGHESE,
          AGED 68 YEARS
          NO.201, BETHANIYA,
          NEAR MEDICAL COLLEGE,
          THRISSUR-680581.
    2     MARY WILLIAM,
          NO.201, BETHANIYA,
          NEAR MEDICAL COLLEGE,
          THRISSUR-680581.
    3     BRD CAR WORLD LTD.,
          DOOR NO.1/66A, NH 47 BYPASS,
          KONIKKARA, THRISSUR-680306,
          REPRESENTED BY ITS DIRECTOR,
          JIJIN SURENDRAN.
          BY ADVS.
          P.A.MOHAMMED SHAH
          RENOY VINCENT
          ASWIN KUMAR M J
          HELEN P.A.
          ARUN ROY
          SHAHIR SHOWKATH ALI


RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF REVENUE,
          MINISTRY OF FINANCE, GOVERNMENT OF INDIA,
          NORTH BLOCK, NEW DELHI-110001.
    2     DEPUTY DIRECTOR,
          DIRECTORATE OF ENFORCEMENT,
          COCHIN ZONAL OFFICE, KANOOS CASTLE,
          MULLASSERRY CANAL ROAD WEST,
          ERNAKULAM-682011.
    3     ADJUDICATING AUTHORITY (PMLA),
 W.P.(Crl).No.271 of 2022
                                     2

                 ROOM NO.25, 4TH FLOOR,
                 JEEVAN DEEP BUILDING,
                 PARLIAMENT STREET, NEW DELHI-110001.
       4         APPELLATE TRIBUNAL FOR PMLA,
                 LOK NAYAK BHAWAN,
                 NEW DELHI-110003,
                 REPRESENTED BY ITS CHAIRPERSON.


                 FOR ASG- SRI.SUVIN R.MENON


        THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
24.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl).No.271 of 2022
                                             3



                                          JUDGMENT

This is a Writ Petition filed under Article 226 of the Constitution

of India seeking the following reliefs:

"(i) To declare that the properties belong to the petitioners that has been attached by the 2nd respondent vide Exhibit P15 and subsequently confirmed by the respondent No.3 vide Exhibit P20 are not 'proceeds of crime' as contemplated under the prevention of Money Laundering Act, 2002;

(ii) To issue a writ of certiorary or any other appropriate writ, direction or order, quashing Exhibit P20 passed by the respondent No.3 confirming the Exhibit P15 provisional attachment order passed by the 2 nd respondent, being arbitrary, illegal and violative of the fundamental rights of the petitioners; and

(iii) To issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent No.2 not to enforce the Exhibit P20 order until the disposal of ExhibitP21 and P22 appeals pending before the 4th respondent."

2. When taken up, learned counsel for the petitioners submitted

that he has already preferred appeal before the appellate tribunal, but

the tribunal it is not functional for want of quorum. Therefore, he

pressed for an order to stay the proceedings till the appellate forum

resumes function. The learned counsel also invited my attention to the W.P.(Crl).No.271 of 2022

decision of the Delhi High Court in Axle Energy Pvt.Ltd and others

v. Directorate of Enforcement and others [MANU/DE/3717/2021],

issued in similar circumstances.

3. The learned Standing Counsel for the respondents has

confirmed that the appellate forum is not functioning for want of

quorum.

4. In the circumstances, the parties are directed to maintain

status-quo until the appeal and application assailing the order dated

19.11.2021 are taken up by the tribunal; meanwhile, the respondents

are restrained from taking any further action pursuant to the impugned

order.

The Writ Petition is disposed of as above.

Sd/-

                                                              K.HARIPAL
                                                                JUDGE
        Jms/24.03

                     //True Copy//           P.A to Judge
 W.P.(Crl).No.271 of 2022



                           APPENDIX OF WP(CRL.) 271/2022

PETITIONER EXHIBITS
Exhibit P1                   A TRUE COPY OF THE ECIR NO.ECIR/KCZO/04/2019

DATED 14.8.2019 REGISTERED BY THE 2ND RESPONDENT.

Exhibit P2 THE TRUE COPY OF THE FINAL REPORT FILED BY THE CRIME BRANCH WITH RESPECT TO FIR NO.1024/2018 OF KUNNAMKULAM POLICE STATION. Exhibit P3 THE TRUE COPY OF THE FINAL REPORT FILED BY THE CRIME BRANCH WITH RESPECT TO FIR NO.1072/2018 OF KUNNAMKULAM POLICE STATION. Exhibit P4 THE TRUE COPY OF THE FINAL REPORT FILED BY THE CRIME BRANCH WITH RESPECT TO FIR NO.1073/2018 OF KUNNAMKULAM POLICE STATION. Exhibit P5 THE TRUE COPY OF THE FINAL REPORT FILED BY THE CRIME BRANCH WITH RESPECT TO FIR NO.1074/2018 OF KUNNAMKULAM POLICE STATION. Exhibit P6 THE TRUE COPY OF THE FINAL REPORT FILED BY THE CRIME BRANCH WITH RESPECT TO FIR NO.1172/2018 OF KUNNAMKULAM POLICE STATION. Exhibit P7 THE TRUE COPY OF THE FINAL REPORT FILED BY THE CRIME BRANCH WITH RESPECT TO FIR NO.1173/2018 OF KUNNAMKULAM POLICE STATION. Exhibit P8 THE TRUE COPY OF THE FINAL REPORT FILED BY THE CRIME BRANCH WITH RESPECT TO FIR NO.1174/2018 OF KUNNAMKULAM POLICE STATION. Exhibit P9 THE TRUE COPY OF THE FINAL REPORT FILED BY THE CRIME BRANCH WITH RESPECT TO FIR NO.1175/2018 OF KUNNAMKULAM POLICE STATION. Exhibit P10 THE TRUE COPY OF THE FINAL REPORT FILED BY THE CRIME BRANCH WITH RESPECT TO FIR NO.1176/2018 OF KUNNAMKULAM POLICE STATION. Exhibit P11 THE TRUE COPY OF THE FINAL REPORT FILED BY THE CRIME BRANCH WITH RESPECT TO FIR W.P.(Crl).No.271 of 2022

NO.1177/2018 OF KUNNAMKULAM POLICE STATION. Exhibit P12 THE TRUE COPY OF THE FINAL REPORT FILED BY THE CRIME BRANCH WITH RESPECT TO FIR NO.1178/2018 OF KUNNAMKULAM POLICE STATION. Exhibit P13 THE TRUE COPY OF THE FINAL REPORT FILED BY THE CRIME BRANCH WITH RESPECT TO FIR NO.1179/2018 OF KUNNAMKULAM POLICE STATION. Exhibit P14 THE TRUE COPY OF THE LETTER DATED 18.2.2022 ISSUED BY THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH, THRISSUR IN RESPONSE TO AN RTI APPLICATION.

Exhibit P15 THE TRUE COPY OF THE PROVISIONAL ATTACHMENT ORDER NO.04/KCZO/2021 DATED 26.3.2021 PASSED IN ECIR/KCZO/04/2019 BY THE RESPONDENT NO.2. Exhibit P16 THE TRUE COPY OF THE SHOW CAUSE NOTICE DATED 25.5.2021 ISSUED TO THE 1ST PETITIONER BY THE 3RD RESPONDENT.

Exhibit P17 THE TRUE COPY OF THE SHOW CAUSE NOTICE DATED 25.5.2021 ISSUED TO THE 2ND PETITIONER BY THE 3RD RESPONDENT.

Exhibit P18 THE TRUE COPY OF THE SHOW CAUSE NOTICE DATED 25.5.2021 ISSUED TO THE 3RD PETITIONER BY THE 3RD RESPONDENT.

Exhibit P19 THE TRUE COPY OF THE WRITTEN SUBMISSIONS FILED BEFORE THE 3RD RESPONDENT ON BEHALF OF THE PETITIONERS DATED 5.7.2021.

Exhibit P20 THE TRUE COPY OF THE ORDER PASSED BY THE 3RD RESPONDENT IN O.C.NO.1451/2021 DATED 9.11.2021.

Exhibit P21 THE TRUE COPY OF THE APPEAL FILED BY THE PETITIONER NOS.1 AND 2 BEFORE THE 4TH RESPONDENT DATED 28.12.2021.

Exhibit P22 THE TRUE COPY OF THE APPEAL FILED BY THE PETITIONER NO.3 BEFORE THE 4TH RESPONDENT. Exhibit P23 THE TRUE COPY OF THE STAY APPLICATION FILED BY THE PETITIONER NOS. 1 AND 2 BEFORE THE 4TH W.P.(Crl).No.271 of 2022

RESPONDENT DATED 28.12.2021.

Exhibit P24 THE TRUE COPY OF THE STAY APPLICATION FILED BY THE PETITIONER NO.3 BEFORE THE 4TH RESPONDENT DATED 28.12.2021.