LGW Industries Limited Vs Deputy Director (Calcutta High Court)
The property of the petitioner was conditionally/provisionally attached vide an order No. 07/2023 in respect of ECIR No. KLZO-II/20/2022 dated 14.09.2022 as issued/passed by the Enforcement Directorate.
A lease agreement was executed by and between the present writ petitioner and the company of the principal accused of the criminal case and the present petitioner has got no knowledge with regard to the commission of the alleged crime at such rented accommodation at the instance of the principal accused as well as the co-accused persons.
In the criminal case at hand the accused petitioner submitted that they were not an accused and on the contrary the First Information Report for the offences of criminal conspiracy, punishment for cheating by personation, cheating and dishonestly inducing delivery of property under Chapter VA and Chapter XVII of the Indian Penal Code, 1860 which are the scheduled offences under Paragraph 1 of Part A of Prevention of Money Laundering Act, 2002 was lodged against one Mr. Kunal Gupta who was the owner of M/s. Met Technologies Private Limited.
The petitioner submitted that since the property of the writ petitioner was attached by invoking the provision of punishment for money laundering and attachment of property under chapter II & III of the Act involved in money laundering, the present petitioner has got no alternative forum but to approach this Court for obtaining the reliefs as sought for.
