High Court of KeralaWP(C)/37630/2015disposed of

A.C.Anilkumar v. Deputy Director

2015-12-22Honourable Mr. Justice A.Muhamed Mustaque6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 22ND DAY OF DECEMBER 2015/1ST POUSHA, 1937 WP(C).No. 37630 of 2015 (C) ---------------------------------------- PETITIONER(S):

---------------------- A.C.ANILKUMAR, AGED 36 YEARS, S/O.CHANDRAN, H. NO IV/215A, EDAKKATTU HOUSE, KARUMALOOR PANCHAYATH, KARUMALOOR VILLAGE, THADIKKA KADAVU, WEST VELIYATHUNADU P. O., ALUVA, ERNAKULAM DISTRICT.

BY ADVS.SRI.C.K.SAJEEV SRI.M.T.AJITH SMT.S.REKHA KUMARI RESPONDENT(S):

-------------------------- DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT, GOVERNMENT OF INDIA, COCHIN ZONAL OFFICE, 4TH FLOOR, THARAKANDAM CENTRE, BANERJEE ROAD, COCHIN - 682 018.

BY ADVS. SMT.C.G.PREETHA, CGC SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-12-2015, ALONG WITH WPC. 37757/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

msv/

WP(C).No. 37630 of 2015 (C) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:-A TRUE COPY OF THE PURCHASE DEED HAVING 4641/2006 OF ALUVA SUB REGISTRY P2:-TRUE COPY OF THE ABSTRACT ESTIMATE OF RESIDENTIAL BUILDING P3:-TRUE COPY OF THE PERMIT ISSUED BY THE KARUMALOOR GRAMA PANCHAYATH DTD 22/8/2008 P4:-TRUE COPY OF THE SALE AGREEMENT PERTAINING TO THE SERVICE BUS HAVING REGISTRATION NO KL 40A 3038 DTD 4/9/2009 P5:-TRUE COPY OF THE PARTNERSHIP DEED DTD 1/9/2009 P6:-TRUE COPY OF THE COMPLAINT DTD 18/9/2009 P7:-TRUE COPY OF THE STAY ORDER IN CRL.MA 973/2013 IN CRL.

MC NO 584/2013 DTD 7/8/2013 P8:-TRUE COPY OF THE ORDER IN CMP NO 3024/2009 AND 3133/09 IN CRIME NO 2440/09 DTD 4/11/2009 BY THE JFCM COURT I P9:-A TRUE COPY OF THE FINAL REPORT IN CRIME NO 2440/09 OF ALUVA POLICE STATION WHICH IS RE-NUMBERED AS CC NO 924/09 BY THE JMFC II, ALUVA P10:-TRUE COPY OF THE PROVISIONAL ATTACHMENT ORDER NO 1/10 DTD 21/9/2010 P11:-TRUE COPY OF THE ORIGINAL COMPLAINT NO 67/2010 P12:-TRUE COPY OF THE ADJUDICATING ORDER P13:-THE NOTICE DTD 31/7/2013 P14:-A TRUE COPY OF THE JUDGMENT IN CRL.MC NO 3785/2013 DTD 23/9/2013 P15:-THE CERTIFIED COPY OF THE ORDER IN FPA-PMLA-335/COCHIN/2012 DTD 10/10/2013 P16:-A TRUE COPY OF THE JUDGMENT IN CRL.

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A. MUHAMED MUSTAQUE, J.

--------------------------------------------------------- --------------------------------------------------------- Dated this the 22nd day of December, 2015

JUDGMENT

These writ petitions are filed seeking a direction to release the attached immovable property as well as vehicle consequent upon proceedings initiated under the Prevention of Money Laundering Act, 2002. Though, there is a challenge made by the writ petitioner in W.P.(C).No.37630/2015 regarding the final adjudication of the attachment under the Act, this challenge is not maintainable as the petitioner has an alternate remedy by way of filing an appeal before this Court in terms of Section 42 of the Act. Therefore, that prayer is not considered in view of the alternate remedy available to the petitioner.

-22. However, the question arises for consideration is whether the petitioner is entitled for release of this attached immovable property pending proceedings before the court where the cases against the accused are pending. The petitioners submit that in terms of the Prevention of Money Laundering (Taking possession of the attached or frozen property confirmed by the Adjudicating Authority) Rules, 2013, the petitioners may be given the custody of the vehicle as well as the permit to use the immovable property. 3.

The learned Assistant Solicitor General submits that the writ petition in W.P.(C).No.37757/2015 has no locus standi to move this Court as he is not an owner of the vehicle.

The attachment, in fact, would remain in force till a decision is taken by the Criminal Court. The case is pending as S.C.No.160/2012 before the Special Court under the Prevention of Money Laundering Act.

5. This Court is of the view whether the petitioners are

-3entitled to get custody of the vehicle or entitled to use the immovable property is a matter, can be considered by the Special Court if an application is filed by the petitioners. This Court need not invoke power under Article 226 of the Constitution of India, to order this release as the Special Court can have the control over the entire proceedings, even if, the petitioners claim for release are allowed in terms of the above Rules. Therefore, leaving open all the questions including the locus standi of W.P.(C).No.37757/2015, the following directions are issued :

The petitioners applications shall be considered by the Special Court. It is submitted by the learned counsel for the petitioner in W.P.(C).No.37757/2015, they have already filed Crl.M.C.No.584/2013 before this Court challenging the proceedings initiated under the Act and there is a stay against the proceedings before the Special Court. In that view of the matter, if the petitioner obtain a permission from the Criminal M.C pending before this Court, the application

-4of W.P.(C).No.37630/2015 need be considered only based on such permission of this Court. The Sessions Court shall also consider the locus standi of W.P.(C). No.37757/2015. The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr