UNION OF INDIA Vs. MRIDULA KAPUR

JUDGEMENT

(1.) This is an appeal preferred by the Enforcement Directorate under Section 42 of the Prevention of Money Laundering Act, 2002 (hereafter PMLA) impugning an order dated 13.04.2018 passed by the Appellate Tribunal (hereafter The Tribunal). By the impugned order, the Tribunal had allowed the appeal preferred by the respondent and had quashed the Provisional Attachment order dated 04.11.2016, as well as the order dated 17.03.2017, confirming the order dated 04.11.2016.

(2.) By the said order dated 04.11.2016, certain immoveable properties of the respondent (appellant before the Tribunal) had been provisionally attached. The said order was confirmed by the Adjudicating Authority by an order dated 17.03.2017.

(3.) The order of Provisional Attachment is premised on a case instituted against the respondent and her husband (Major General Anand Kumar Kapur) under Section 13(1)(e) of the Prevention of Corruption Act, 1988. A chargesheet (chargesheet no. 3 dated 26.10.2009) has been filed under Section 173 of the Cr.P.C by ACU-II Central Bureau of Investigation (CBI), alleging that the petitioners husband had amassed assets, disproportionate to his known sources of income and the petitioner (respondent herein) had abetted the offence.