SYED ADEEL SHAH Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) By this common judgment, we propose to decide two Letters Patent Appeals filed against two separate judgments dtd. 18/10/2022, passed by learned Writ Court in WP(C) No.2269/2022 and WP(C) No.2270/2022. In both these cases common question of law which arose for consideration is whether for the purpose of taking possession of the property attached under Sec. 5 or frozen under sub-sec. 1-A of Sec. 17 of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as PMLA), the Director or any other officer authorized by him has to wait for the expiry of the period of limitation for filing appeal against the attachment order that has been confirmed in terms of sub-sec. (3) of Sec. 8 of the PMLA for taking its possession in terms of Sec. 8(4) of the PMLA.

(2.) The learned Writ Court has vide the impugned judgments answered the aforesaid question in negative by holding that the Director or the authorized officer is not bound to wait till the expiry of the period of limitation for filing appeal for the purpose of taking action in terms of Sec. 8(4) of the PMLA.

(3.) Before adverting to the rival contentions advanced by learned counsel for the parties, it would be apt to give a brief background of the facts leading to the filing of the instant appeal.