FAIRDEAL SUPPLIES LIMITED Vs. UNION OF INDIA
LAWS(CAL)-2021-4-58
HIGH COURT OF CALCUTTA
Decided on April 23,2021

Fairdeal Supplies Limited Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

ARINDAM MUKHERJEE,J. - (1.) This is an application inter alia for modification of the order dated 26th March, 2021 passed in the Writ Petition being WPA 8232 of 2020. Although, the scope of the instant application is very limited but, for proper appraisal of the grounds on which the order has been sought to be modified, the basic facts are stated hereinbelow: 1. On the basis of a complaint made on 14th January, 2015 by Sri Pranav Kumar, the then Zonal Head, UCO Bank, Zonal Office, Gariahat Branch, Kolkata,an FIR was registered by Central Bureau of Investigation(CBI, BS & FC), Kolkata. A charge-sheet bearing number 06/2016 dated 18th August, 2016 was filed before the competent Court against the petitioner no. 1 and its directors for offence under Sec. 120- B read with Sections 406 and 420 of the Indian Penal Code (in short IPC ). As Sections 120B, 406 and 420 of IPC are scheduled offence as defined under Section 2 (1) (y) of the Prevention of Money Laundering Act, 2002 (in short PMLA ) an investigation under PMLA was initiated by recording an Enforcement Case Information Report (in short ECIR) number KLZO/17/2016 on 2nd December, 2016 against the petitioner no. 1 and its Directors for alleged commission of offence under Section 3 which is punishable under Section 4 of PMLA. The directors of the petitioner no. 1 have, however, not joined the writ petition as petitioners. The petitioner no. 2 claims to be an authorized signatory.
(2.) On 20th January, 2020 the Deputy Director, Directorate of Enforcement, Government of India being an officer under the provisions of Section 5 (1) of PMLA passed an order of Provisional Attachment. On 19th February, 2020 a complaint being Complaint no. 1262 of 2020 was filed by the said Deputy Director before the Adjudicating Authority under Section 5(5) of PMLA inter alia stating the facts of attachment and praying for confirmation of the order of provisional attachment dated 20th January, 2020 under the provisions of Section 8(3) of PMLA.
(3.) On 19th February, 2020, the Adjudicating Authority issued a notice under Section 8(1) of the PMLA.;


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