Wa 1450-23 - Order Dated 21-9-23
Wa 1450-23 - Order Dated 21-9-23
Wa 1450-23 - Order Dated 21-9-23
PRESENT
&
APPELLANTS/PETITIONERS:
1 SANTIAGO MARTIN,
SON OF SHRI SANTIAGO,
RESIDING AT 135/1, THIRUVALLUVAR STREET,
VELLAKINAR, PIRIVU, G.N MILLS POST,
COIMBATORE, TAMIL NADU – 641029.
RESPONDENTS/RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY,
MINISTRY OF FINANCE,
NEW DELHI, PIN – 110001.
4 ASSISTANT DIRECTOR,
ENFORCEMENT DIRECTORATE, COCHIN ZONAL OFFICE,
KANOOS CASTLE, A.K SHESHADRI ROAD,
(MULLASERY CANAL ROAD WEST), COCHIN, PIN – 682011.
JUDGMENT
A.J. Desai, CJ
in this intra court appeal filed under Section 5 of the Kerala High
2. The brief facts emerging from the records are that, against
Sections 120(b) and 420 of the Indian Penal Code, 1860, Sections
4(d), 4(f), 9 r/w. 7(3) of the Lotteries (Regulation) Act, 1998, and
officer found a prima facie case for the offence under Section 3 of
the PMLA Act, 2002, having been committed and advised for
further investigation.
31.03.2016.
Said writ petition is pending for final disposal before the learned
Single Judge.
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W.A. 1450/2023 -:6:-
trial before the Special Court for Trial of PMLA case/Special Court
that the present appellant has 51% share in M/s. M.J. Associates,
Rs.910,29,87,566/-.
Sri. N. Jayamurugan.
amounting to Rs.1,57,68,57,503/-.
being aggrieved by the said order and also the order of freezing
well as to raise all the contentions, which have been raised in the
order passed under Section 5(1) of the PMLA Act, by which the
constituted under Section 25 of the Act, has the power to deal with
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an appeal, since Section 26 of the PMLA Act does not empower the
and the order of seizure passed under Section 17(1A) of the PMLA
request the High Court to exercise its powers under Article 226 of
learned Single Judge ought not to have dismissed the writ petition
on that ground.
appearing for the appellants has relied upon the decision of the
and deal with such cases. He would submit that in the present
the Court may interfere with such orders and deal with the same
orders passed under Section 5(5) of the PMLA Act, compared the
and can strike it down as an anathema to the rule of law and the
appearing for the appellants would submit that the Hon’ble Apex
Court has dealt with the recourse of exercising powers under writ
learned Senior Advocate would also submit that the authority has
authority itself has held that the proceeds of crime derived by the
power under Section 5 of the PMLA Act has to record the reasons
for his belief, based on the material produced before him, for
Senior Advocate for the appellants would submit that the words
order on the basis of the same facts and material available, which
was therein while passing the earlier orders, the same is required
adjudicate all the issues raised in the subject writ petition and
of alternative remedy.
17.04.2023], learned ASGI would submit that the High Court has
He would also submit that this is a case where the learned Single
Judge did not find any reason to exercise its discretionary power
not call for any scrutiny under Article 226 of the Constitution.
made by the learned Senior Advocate for the appellants about the
produced for the first time in this appeal by the appellants, the
own merits, and the Court may examine the case on hand and may
dealing with the present facts of the case, it is undisputed that the
complaint under Section 5(5) of the PMLA Act has already been
been issued.
Indian Legal Services and has held a post in Grade I of the service
PMLA Act.
“8. Adjudication
(1) On receipt of a complaint under sub-section (5)
of section 5, or applications made under sub-section
(4) of section 17 or under sub-section (10) of section
18, if the Adjudicating Authority has reason to
believe that any person has committed an offence
under section 3 or is in possession of proceeds of
crime, it may serve a notice of not less than thirty
days on such person calling upon him to indicate the
sources of his income, earning or assets, out of which
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8(3) of the PMLA Act, within a period not exceeding 180 days from
without adjudication.
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learned Senior Advocate for the appellants that the Court may
find any justifiable reason to reconsider the same, that too, in this
Sd/-
A.J. Desai,
Chief Justice
Sd/-
V.G. Arun
Judge
krj
//TRUE COPY//
P.A. TO C.J.