(1.) These batch of writ petitions have been filed questioning the provisional order of attachment, summons issued, order passed by the adjudicating authority, proceedings initiated, complaint filed before the adjudicating authority, consequential possession notice issued under the Prevention of Money Laundering Act, 2002 (for short 'PML Act'). Hence, for the purposes of convenience, the aforesaid writ petitions are broadly categorized on the basis of prayer sought for in the respective writ petitions:
(2.) The respondents on service of notice of these writ petitions have appeared and filed their statement of objections and have denied the averments made in the petition. In W.P.No.38642/2016 it has been contended that Ankola Police Station had registered an FIR 245/2013 against Mr.Vivek Kumar and three unknown persons for the offence punishable Under Section 302, 353 and 307 IPC read with Section 34 IPC and Section 25 and 27 of the Arms Act for killing Sri R.N.Naik, an Industrialist and Cooperative leader from Ankola and on completion of investigation, charge sheet has been filed under various provisions of IPC, Indian Arms Act, 1959 (for short 'Arms Act') and Karnataka Control of Organised Crime Act, 2000 ('KCOCA' for short) against Sri Bannanje Raja @ BR and 11 others for indulging in underworld activities and during course of investigation, it was unearthed that the money required for the said illegal activities was arranged from Dubai through Hawala channels by person named Sri Hajee Ameen Basha operating from Dubai and the offences under IPC and Arms Act as indicated in the charge sheet being scheduled offences under Section 2(1)(y) of PML Act, a prima-facie case of money laundering having been made out, an Enforcement Case Information Report ('ECIR' for short) was registered by the Directorate of Enforcement (for short 'ED'). It is further contended that supplementary charge sheet filed, Mr.Hajee Ameen Basha and three others were added as accused for indulging in underworld activities involving life threats, extortion, murder and supply the money through Hawala channels for criminal activities.
(3.) It is further contended that second respondent is conferred with the powers under section 5(1) of PML Act read with Rule 3 of Rules to pass provisional attachment order. It is also contended that under section 5(5) of PML Act, a complaint has been filed before the adjudicating authority and same is pending and now adjudicating authority now having issued show cause notice under section 8 of the Act, the petitioners without replying to the same, cannot seek remedy in these writ petitions and as such, the petitions are liable to be dismissed.
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