Kerala High Court
Aji Bright vs Union Of India on 24 September, 2024
Author: K. Babu
Bench: K. Babu
WP(CRL.) NO. 986 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM2024:KER:70935
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946
WP(CRL.) NO. 986 OF 2024
PETITIONERS:
1 AJI BRIGHT
AGED 42 YEARS
S/O RAMACHANDRAN, RESIDING AT PRIYABHAVAN, PP4/109,
KULANGARAKONAM P.O., MACHEL, TRIVANDRUM, PIN - 695571
2 SHARANYA GOPAN
AGED 31 YEARS
W/O AJI BRIGHT, RESIDING AT PRIYABHAVAN, PP4/109,
KULANGARAKONAM P.O., MACHEL, TRIVANDRUM, PIN - 695571
BY ADVS.
M.T.SURESHKUMAR
MANJUSHA K
SREELAKSHMI SABU
RESPONDENTS:
1 UNION OF INDIA
THROUGH SECRETARY, MINISTRY OF FINANCE, JEEVAN DEEP
BUILDING, PARLIAMENT STREET, NEW DELHI, PIN - 110003
2 THE ADJUDICATING AUTHORITY
(UNDER PREVENTION OF MONEY LAUNDERING ACT), 4TH FLOOR,
JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI.
REPRESENTED BY THE CHAIRMAN, PIN - 110001
3 DEPUTY DIRECTOR
DIRECTORATE OF ENFORCEMENT, COCHIN ZONAL OFFICE, KANOOS
CASTLE, AK SESHADRI ROAD (MULLASSERY CANAL ROAD WEST)
COCHIN, KERALA, PIN - 682011
4 ENFORCEMENT DIRECTORATE
WP(CRL.) NO. 986 OF 2024
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2024:KER:70935
MINISTRY OF FINANCE, GOVERNMENT OF INDIA, 6TH FLOOR,
LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI ..REPRESENTED
BY DEPUTY DIRECTOR , DIRECTORATE OF ENFORCEMENT, COCHIN
ZONAL OFFICE, PIN - 110003
OTHER PRESENT:
JAYASANKAR V NAIR,SC FOR ED
SRI.G.SUDHEER, P.P
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
24.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 986 OF 2024
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K.BABU, J. 2024:KER:70935
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WP(Crl.).No.986 of 2024
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Dated this the 24th day of September, 2024
JUDGMENT
The prayers in this WP(Crl.) are as follows:-
"(i) To call for records leading to Exhibit P4 and Exhibit P9 and
may quash the same by issuing a writ in the nature of
certiorari.
(ii) To declare that the property mentioned as serial number 1
in Table III covered vide settlement deed No. 2291/2010 in the
name of the 2nd petitioner with respect to 2.87 Ares of landed
property with the registration dated 20/5/2010 with registered
value at the rate of ₹ 232,470/-is not part of the proceeds of
crime and is not liable to be proceeded under sections 5, 8 of
the PML act 2002.
(iii) Petitioner also prays that this Hon'ble Court may be
pleased to dispense with the translation of the documents
produced in the Vernacular Language.
iv. Issue such other relief's as this Hon'ble Court may deem fit
and proper in the facts and circumstances of the case."
2. Heard both sides.
3. The petitioners challenge Ext.P4 and Ext.P9 orders
in this Writ Petition.
4. Petitioner No.1 is the accused in the Occurrence
Report registered by the Edamalayar Forest Range. He is
alleged to have committed offences punishable under Sections
WP(CRL.) NO. 986 OF 2024
2(16), 2(35), 2(36), 9, 39, 41, 50 and 52 of 2024:KER:70935
the Wildlife
Protection Act 1972.
5. The Competent Authority in the Kerala Forest and
Wildlife Department submitted a charge sheet in the matter
before the Judicial First Class Magistrate Court-II,
Kothamangalam.
6. In the charge sheet, the Forest Department alleged
that petitioner No.1 had link with one Sri.Umesh Agarwal, a
handy crafts trader in Delhi who, with the aid of petitioner No.1
possessed prohibited ivory idols. It was further revealed in the
investigation that petitioner No.1 and one Sri.Preston Silva
were engaged in the trade of wild horns. They allegedly sold
wild horns inside and outside the country for illegal monetary
benefits.
7. Accordingly, on 18.05.2022 the Cochin Zonal
Officer of the Directorate of Enforcement (3 rd respondent)
initiated an investigation in furtherance of the Original
Complaint No.1736/2022 under the provisions of PML Act 2002
and lodged an information case report as ECIR/KCZO/02/2016.
The Competent Authority in the Enforcement Directorate
passed provisional orders of attachment, under Section 5 of
WP(CRL.) NO. 986 OF 2024
the PML Act, 2002. 2024:KER:70935
Ext.P4 is the provisional order of
attachment, which was confirmed as per Ext.P9 order under
Section 8 of the Act.
8. The petitioners have already filed an appeal under
Section 26 of the PML Act, 2002, which is pending before the
Appellate Tribunal.
9. Having regard to the fact that the petitioners have
already invoked the statutory remedy of appeal challenging
Ext.P4 and Ext.P9 orders, this Court is not in a position to
entertain this Writ Petition.
Therefore, the Writ Petition is rejected with a direction
to the Appellate Tribunal concerned to consider the appeal
filed by the petitioners and take a final decision as
expeditiously as possible, at any rate, within a period of six
months from the date of receipt of a copy of this judgment. It is
made clear that the Appellate Tribunal is at liberty to seek
extension of time.
Sd/-
K.BABU,
JUDGE
saap
WP(CRL.) NO. 986 OF 2024
2024:KER:70935
APPENDIX OF WP(CRL.) 986/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF ONE OF THE OCCURRENCE REPORT IN
1/2015 OF EDAMALAYAR FOREST RANGE DATED
2.6.2015
Exhibit P2 TRUE COPY OF THE ENFORCEMENT CASE INFORMATION
REPORT NO. ECIR/KCZO/02/2016 DATED 30.6.2016
Exhibit P3 TRUE COPY OF THE STATEMENT OF THE 1ST
PETITIONER RECORDED UNDER SECTION 50 OF THE
ACT DATED 27.1.2021
Exhibit P3(a) TRUE COPY OF THE SUBSEQUENT STATEMENT OF THE
1ST PETITIONER DATED 27.12.2021
Exhibit P4 TRUE COPY OF THE PROVISIONAL ATTACHMENT ORDER
(PAO) NO. 05/2022 PASSED BY THE 1ST
RESPONDENT IN ECIR/KCZO/02/2016 DATED
26.4.2022
Exhibit P5 TRUE COPY OF THE SHOW CAUSE NOTICE DATED
9.6.2022 ISSUED BY THE REGISTRAR/
ADMINISTRATIVE OFFICER, ADJUDICATING
AUTHORITY (PMLA) IN O.C NO. 1736/2022
Exhibit P6 TRUE COPY OF THE SETTLEMENT DEED NO. 2291 OF
2010 EXECUTED BY THE PARENTS OF THE 2ND
PETITIONER IN THEIR DAUGHTER'S NAME DATED
20.5.2010
Exhibit P7 TRUE COPY OF THE FIR IN CRIME NO. 1026 OF
2015 OF MUSEUM POLICE STATION
Exhibit P8 TRUE COPY OF THE STATEMENT OF OBJECTION FILED
BY THE PETITIONERS DATED 21/7/2022
Exhibit P9 TRUE COPY OF THE ORDER PASSED BY THE
ADJUDICATING AUTHORITY IN ECIR/KCZO/02/2016
DATED 30/9/2022
Exhibit P10
TRUE COPY OF THE APPEAL MEMORANDUM FILED BY
THE PETITIONERS HERE IN BEFORE THE APPELLATE
TRIBUNAL DATED 28/2/2023
WP(CRL.) NO. 986 OF 2024
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