M/S. P Vijaykumar And Compnay v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2884 OF 2021 M/s. P Vijaykumar And Company .... Petitioner

Versus

The State Of Maharashtra And Anr.

.... Respondents Mr. Ashok Kumar Dubey i/b SAVJ Law Solution, for the Petitioner. Mr. V. B. Konde Deshmukh, A.P.P for the Respondents - State. Mr. Shreeram Shirsat, Special PP a/w Ms. Tanvi Mate, Mr. Shekhar Mane, Ms. Karishma Rajesh for Respondent No.2-ED. CORAM : REVATI MOHITE DERE & MANJUSHA DESHPANDE, JJ.

DATE : 9th JANUARY 2024 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this petition, the petitioner seeks the following substantial reliefs - (a) The Hon'ble court may be pleased to issue the writ in nature of mandamus direct to the Respondent No.2 to 1/3

comply the order of the Appellate Tribunal for SAFEMA, FEMA, PMLA, NDPS & PBPT ACT, NEW DELHI IN MP/PMLA/4772/MUM/2018 (EXEM) EPA/PMLA 2303/ MUM/2018, dated 12/06/2019, and release the seized amount of the Petitioner.

(b) The Hon'ble court may be pleased to issue the writ in nature of mandamus directing to the Respondent No.2 to release the seized amount of the Petitioner along with interest @ 18% since the first notice dated 23/07/2019 which has been sent by the Petitioner to Respondent No.2. 3.

Learned Counsel for the respondent No.2 - ED opposes the grant of any reliefs. According to Mr. Shirsat, learned Special PP, the petitioner has an alternative efficacious remedy, under Section 35(3) of the PMLA and as such the petition ought not to be entertained. 4.

Mr. Shirsat, relied on the affidavit filed by the respondent No.2 in the aforesaid petition, raising a preliminary objection and setting out the procedure and powers of the Appellant Tribunal. 2/3

4.

Considering, that the petitioner has an alternative efficacious remedy available under Section 35(3) of the PMLA, we do not deem it appropriate to entertain the petition. Accordingly, the petition stands dismissed.

5.

Needless to state, that it is open for the petitioner to avail of the alternative remedy, as available to him, under Section 35(3) of the PMLA. We also make it clear, that we have not gone into the merits of the petition and as such all contentions of all parties are kept open. MANJUSHA DESHPANDE, J.

REVATI MOHITE DERE, J.

by CHAITANYA ASHOK JADHAV Date:

2024.01.10 18:20:25 +0530 CHAITANYA ASHOK JADHAV 3/3