PARESHA G SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this writ -application under Article 226 of the Constitution of India, the petitioner seeks to challenge the action on the part of the respondent no.2 in getting the personal savings bank account of the petitioner maintained with the ICICI Bank, Satellite Branch, Ahmedabad, bearing No.006701515904 freezed/attached under the provisions of the Prevention of Money -Laundering Act, 2002 (for short, 'PMLA').

(2.) THE facts giving rise to this application are as under : A First Information Report being CR.I -17 of 2014 came to be registered with the Satellite Police Station, Ahmedabad, for the offence punishable under Sections 406, 420, 465, 468, 471 and 120B of the Indian Penal Code. The First Information Report was lodged by one Shri Sanjeevbhai Pravinchandra Shah against (1) Ms.Sejalben Gopalbhai Shah, (2) Shri Mit Gopalbhai Shah, (3) Shri Milan Dilipbhai Suthar, (4) Shri Hiren Dilipbhai Suthar, (5) Shri Kalpesh Dilipbhai Parmar, (6) Shri Ashokbhai Amarsingh Makwana and (7) Shri Tarang R.Dave. Shri Mit Gopalbhai Shah (A -2) and Ms.Sejalben Gopalbhai Shah (A -1) are the son and daughter respectively of the petitioner herein.

(3.) ONE FIR was registered alleging cheating in the sale of the immovable properties which were running in the name of the first informant and his brother on the basis of a forged Power of Attorney. The FIR led to filing of a Regular Case No.ECIR/02/ AZO/2014/1413 by the Directorate of Enforcement, Ahmedabad, on 27th March 2014 for the offence punishable under Sections 120B, 417, 420, 467 and 471 of the Indian Penal Code, which are scheduled offences as defined under Section 2(y) of the PMLA. A provisional attachment order no.13 of 2014 was passed on 28th November 2014 by the Directorate of Enforcement in exercise of his powers under Section 5 of the PMLA on the premise that the proceeds of crime generated by the accused named in the FIR to the tune of Rs.28,59,600=00 was by way of money laundering. An amount of Rs.2,80,000=00 was transferred in the account of the petitioner maintained by her with the ICICI Bank referred to above and Rs.15,00,000=00 in the account of one Shri Jayeshbhai Patel.