Case Law Details
Brij Bala Kapur through Mr. Mohit Mathur Vs Directorate of Enforcement Surat Sub Zonal Unit through Mr. Manish Jain (Delhi High Court)
Introduction: In a recent ruling, the Delhi High Court dismissed a petition challenging a Provisional Attachment Order (PAO) under the Prevention of Money Laundering Act (PMLA) 2002, against Brij Bala Kapur. The court underscored that the dismissal of proceedings against some individuals does not automatically result in the dropping of proceedings against co-accused, highlighting the distinct nature of offenses under the PMLA compared to those under the Indian Penal Code (IPC).
Detailed Analysis: The case stemmed from an FIR registered against various companies and their directors for alleged financial malfeasances involving fake bills of entry for foreign outward remittances. Subsequent investigations led to the attachment of properties under the PMLA. The petitioner, Brij Bala Kapur, argued that most attached properties were acquired before the scrutiny period and challenged the attachment citing her limited role as a housewife and no direct involvement in the alleged crimes.
The Delhi High Court’s examination focused on several critical aspects:
1. Adequacy of Opportunity: The court assessed whether the respondent provided a fair chance for the petitioner to present her case, especially considering the short notice period for the hearing and her submission of a detailed reply to the show cause notice.
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