SANTIAGO MARTIN Vs. UNION OF INDIA

JUDGEMENT

(1.) To what extent the High Court would be justified in entertaining a writ petition under Article 226 of the Constitution of India when "adjudication" of the provisional attachment of properties is in progress, as provided under Sec. 8 of the Prevention of Money-Laundering Act, 2002 ('the PMLA Act', for short), and the decision of such adjudicating authority would be subject to appeal under the Act itself, is the question to be decided in this intra court appeal filed under Sec. 5 of the Kerala High Court Act, 1958.

(2.) The brief facts emerging from the records are that, against petitioner No.1, who is one among the two partners of a partnership firm viz., M/s. M.J. Associates, Palakkad, the 2 nd petitioner, a private limited company of which petitioner No.1 is the Managing Director, and other different entities, a charge sheet was filed by the Central Bureau of Investigation under Ss. 120(b) and 420 of the Indian Penal Code, 1860, Ss. 4(d), 4(f), 9 r/w. 7(3) of the Lotteries (Regulation) Act, 1998, and Rules 3(5) and 4(5) of the Lottery (Regulation) Rules, 2010, on 3/2/2014, in the Court of Chief Judicial Magistrate, Ernakulam, alleging 7 types of illegal transactions carried out in connivance with each other.

(3.) The Department of Enforcement, Cochin Zone, received information from the Superintendent of Police, Central Bureau of Investigation, Cochin, about certain transactions recorded in the charge sheet filed during February, 2014. Having examined the materials placed before the Directorate of Enforcement, the officer found a prima facie case for the offence under Sec. 3 of the PMLA Act, 2002, having been committed and advised for further investigation.