NABLA BEGUM Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) Letters Patent Appeal on hand arise out of writ court judgment dated 03.04.2012 in OWP no. 1468/2011 titled Nabla Begum v. Union of India & Others, whereby, the writ court dismissed the writ petition throwing challenge to provi sional attachment order no. 03/CHD/2011 dated 03.10.2011, issued by Joint Direc tor, Enforcement, Government of India Chandigarh Zone.

(2.) The Joint Director, Enforcement, Government Of India, Chandigarh Zone, on 08.10.2011 passed a provisional attachment order No. 03/CHD/2011 under Section 5(1) of the Prevention of Money Laundering Act, 2002, whereby an amount to the extent of Rs. 1.00 lac, lying in account no. 0005020100000580 with J&K Bank, Branch Residency Road, Srinagar, held in the name of M/S Firdous Medical Agency, was provisionally attached for a period of 150 days from the date of the order.

(3.) The Enforcement Directorate tracked a money transaction from one Shri Javed Iqbal, residing in Italy to Sh. Yar Mohammad Khan, an activist of Tehreek-i-Huriyat through M/S Western Union Money Transfer and thereafter to Sh. Firdous Ahmad Shah, President, Democratic Political Movement. The transfer was suspected to be intended for subversive activities in the State. Order dated 03.10.2011 was followed by Corrigendum dated 25.10.2011, whereby, the immovable property in the name of the appellant- mother of Firdous Ahmad Shah, proprietor of M/S Firdous Medical Agency, mortgaged by Firdous Ahmad Shah with J&K Bank to avail cash credit facility, was attached in exercise of powers under Sub-Section (1) of Section 5 of Prevention Of Money Laundering Act (for short "Act") for a period of 150 days from the date of the order.