B. SREENIVASA GANDHI Vs. ADJUDICATING AUTHORITY

JUDGEMENT

(1.) Heard Mr. Syed Ahmed Saud, learned counsel representing Mr. Mir Mukaram Ali, learned counsel for the petitioners; Mr. B.Mukherjee, learned counsel representing Mr. N.Bhujanga Rao, learned Deputy Solicitor General of India for respondent No.1, and Mr. Dominic Fernandes, learned Standing Counsel for Enforcement Directorate, appearing for respondent No.2.

(2.) The present writ petition has been filed by the petitioners under Article 226 of the Constitution of India seeking quashment of the show-cause notice dtd. 12/9/2025, issued by respondent No.1, under Sec. 8 of the Prevention of Money Laundering Act, 2002 (for short 'PMLA Act').

(3.) The brief facts of the case relevant for adjudication of the present dispute are that petitioner No.1 is a government employee and has been implicated in an First Information Report registered by CBI, ACB, Hyderabad Branch, vide RC.No.10(A)/2019-CBI/ACB/Hyderabad, dtd. 8/7/2019, under Sec. 13(2) read with 13(1)(b) of the Prevention of Corruption Act, 1988 (as amended in the year 2018) and under Sec. 109 of the Indian Penal Code, 1860. Subsequent to the lodging of the aforementioned First Information Report and charge-sheet being issued, the Enforcement Directorate registered an ECIR under the provisions of the PMLA Act vide ECIR No.ECIR/HYZO/19/2019, and invoking Sec. 5(1) of the PMLA Act issued Provisional Attachment Order (PAO) No.30/2025, dtd. 6/8/2025, attaching various movable and immovable properties standing in the name of petitioner No.1 and his family members. Thereafter, the impugned show-cause notice was issued on 12/9/2025 under Sec. 8 of the PMLA Act.