C.UMA REDDY Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The petitioners call in question a provisional attachment order in order No.5/2022 dtd. 1/8/2022, whereby, the movable and immovable properties of the petitioners are provisionally attached in exercise of powers conferred under Sec. 5(1) of the PMLA.

(2.) Shorn of unnecessary details, facts in brief, that leads the petitioners to this Court, are as follows: The 1st petitioner runs certain businesses and manages supply and marketing of flowers purchased from farmers and circulates it into retail market through her establishment in the name and style of 'M/s Keona'. The other business of the 1st petitioner concerns telecom infrastructure, through a company established for the purpose by name Kavveri Telecom Infrastructure Limited (hereinafter referred to as 'the Company' for short). A loan was availed by the Company at the hands of Dena Bank, J.C.Road Branch. Alleging that the loan had been used for purposes other than for which it had been taken, certain proceedings come to be initiated against the petitioners and several others by the Central Bureau of Investigation on 27/7/2017 in R.C.No.10 of 2017, against the Directors of the Company and arraigning some of the petitioners as accused in the said case. Pending investigation, the Assistant Director of Enforcement Directorate communicates to the Bank in which the petitioners had their accounts to be frozen on account of allegations against the 1st petitioner, in particular.

(3.) On completion of investigation, the CBI filed a final report in the case and the said case is pending as C.C. No.11606 of 2020 before the Special Court for offences punishable under Ss. 420, 468, 471 and 120B of the IPC. Being aggrieved by the order of the Special Court taking cognizance of the offences and issuance of summons, petitioner Nos.1 to 4 and 6 preferred a writ petition before this Court in Writ Petition No.14431 of 2020 and Criminal Petition No.7949 of 2020. This Court by its order dtd. 10/12/2020 stayed all further proceedings against petitioner Nos.1 to 4 and 6 who are arrayed as accused.