JOINT DIRECTOR, DIRECTORATE OF ENFORCEMENT Vs. CYBERABAD HITECH INTEGRATED TOWNSHIP, DEVELOPMENT CORPORATION PRIVATE LIMITED, HYDERABAD

JUDGEMENT

(1.) When these matters were listed before the Learned Single Judge on 7-2-2018, Sri S. Niranjan Reddy, learned Senior Counsel, contended that appeals preferred against orders of Tribunals, presided by a retired Judge of the High Court, should be listed before a Division Bench; and, since Civil Miscellaneous Appeal No.882 of 2013 and batch was heard by a Division Bench of this Court, and an order was passed on 6-10-2015, these matters should also be listed before a Division Bench. As Sri P.S.P. Suresh Kumar, learned counsel for the appellant in both these appeals, contended otherwise, both these matters have been listed before us.

(2.) Chapter VI of the Prevention of Money-Laundering Act, 2002 (for short "the 2002 Act") relates to the Appellate Tribunal. Section 25 thereof, as substituted by Act 28 of 2016 with effect from 1-6-2016, prescribes that the Appellate Tribunal, constituted under sub-section (1) of Section 12 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976), shall be the Appellate Tribunal for hearing appeals against the orders of the Adjudicating Authority and the other authorities under this Act. Section 42 of the 2002 Act provides for an appeal to the High Court and, thereunder, any person aggrieved by any decision or order of the Appellate Tribunal may file an appeal to the High Court within sixty days from the date of communication of the decision or order of the Appellate Tribunal to him on any question of law or fact arising out of such order.

(3.) Section 12 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (for short "the 1976 Act") Act relates to the constitution of the Appellate Tribunal and, under sub-section (1) thereof, the Central Government may, by notification in the Official Gazette, constitute an Appellate Tribunal to be called the Appellate Tribunal for Forfeited Property consisting of a Chairmen and such number of other members (being officers of the Central Government not below the rank of a Joint Secretary to the Government) as the Central Government thinks fit, to be appointed by that Government for hearing appeals against the orders made under Section 7, sub-section (1) of Section 9 or Section 10. Section 12 (2) stipulates that the Chairman of the Appellate Tribunal shall be a person who is or has been or is qualified to be a Judge of the Supreme Court or of a High Court.