Excelsior Correspondent
Srinagar, Oct 18: The High Court has dismissed the plea of two brothers challenging the attachment of property and eviction order under Prevention of Money Laundering Act (PMLA) issued by the Enforcement Directorate for commission of offences.
Justice Sanjeev Kumar dismissed two petitions filed by Syed Akeel Shah and Syed Abeel Shah hailing from North Kashmir’s Sopore by recording that these petitions are found to be devoid of any merit and the same are accordingly, dismissed
“This Court is not required to resort to the principles of statutory interpretation to construe and understand the otherwise plain, clear and unambiguous provisions of Section 8 of the Act of 2002 and the Rule 5(2) of the Rules of 2013 whatever be the difficulty and whatever be the consequences, the provisions of PML Act are required to be given effect to so long as these provisions exist on the statute”, Justice Kumar said.
“If the words used in the statute are plain, clear, unambiguous and capable of only one construction then,” court said, “it would not be open to the Courts to adopt any other hypothetical construction on the ground that such construction would make the statute more consistent with its object and policy”.
The petitioners have been accused in two FIRs registered by the then Vigilance Organization Kashmir, respectively under Section 5 (2) of the J&K Prevention of Corruption Act, on the allegations as set out in the FIRs. Subsequently, the Enforcement Directorate, Jammu for offence under Prevention of Money Laundering Act and during investigation by ED, a provisional attachment orders were passed, with regard to movable/immovable properties of the all the three persons including bank accounts, and a residential accommodation.
The ED counsel and Deputy Solicitor General of India, appearing for the respondents argued that Section 8(4) of the Act clearly provides that owner or occupier of the attached property can be evicted forthwith after the order of attachment is confirmed by the Adjudicating Authority under Section 8(3) of the Act.
Justice Kumar said that after following the procedure prescribed, the Adjudicating Authority may confirm the attachment of the property made under law or retention of property or record seized or frozen under the Act. “Once the provisional attachment made under Section 5(1) is confirmed by the Adjudicating Authority, the authorized officer is entitled to forthwith take possession of the attached property in the manner prescribed under the Rules of 2013”, read the judgment.
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