GOBINDO DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned Advocates appearing for the parties.

(2.) Petitioner has filed this Writ Petition challenging the impugned Provisional Attachment Order dated 11th December, 2020 passed by the Deputy Director, Enforcement Directorate/respondent no. 3 attaching his bank accounts in question under Section 5 (1) of The Prevention of Money Laundering Act, 2002 on the ground that the validity of the said impugned Provisional Attachment Order has lost its force and ceased to have any validity under Section 5 (3) of the aforesaid Act after expiry of 180 days on 9th June, 2021 and in view of the fact that the Respondent No. 2/adjudicating authority has not passed any formal order on or before 9th June, 2021 under Section 8(3) of the aforesaid Act for confirmation or further extension of the aforesaid impugned Provisional Attachment Order dated 11th December, 2020.

(3.) Petitioner contends that after the expiry of 180 days from the date of the aforesaid attachment order, Respondent No. 3 has become functus officio and further there is no provision under the aforesaid Act for automatic or deemed extension of the Provisional Attachment Order under Section 5 (1) of the aforesaid Act. Petitioner is aggrieved by the action of the respondent no. 3 in not allowing him to operate his bank account in question even after expiry of the validity of the aforesaid order of provisional attachment.