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Tribunal Upholds Property Attachment under PMLA Even When Acquired Before Crime

Case Law Details

TaxGuru Citation
2025 taxguru.in 9787
Case Name
Roop Singh Yadav Vs Deputy Director Directorate of Enforcement (Appellate Tribunal Under Safema At New Delhi)
Date of Judgement/Order
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Roop Singh Yadav Vs Deputy Director Directorate of Enforcement (Appellate Tribunal Under Safema At New Delhi)

ED Dams the Flow- From River Beautification to CorruptionGomti Riverfront Scam – Tribunal Upholds ED’s Attachment of IAS Engineer’s Family Properties in ₹30 Lakh Bribe Case

The Appellate Tribunal under SAFEMA, New Delhi, in its Final Order, dismissed three connected appeals [FPA-PMLA-3480, 3481 & 3407/LKW/2020] filed by Shri Roop Singh Yadav (Executive Engineer, Irrigation Dept., U.P.), Smt. Shyama Devi (wife) & Shri Anil Yadav (Junior Engineer) against the Adjudicating Authority’s order dated 05.12.2019 confirming Provisional Attachment Order No. 04/2019 (29.06.2019) issued by ED, Lucknow under PMLA, 2002.

The attachments included (1)Khata No.31, Plot No.225/1242, Rampur Bangar, Gautam Budh Nagar (₹30 lakh – in Shyama Devi’s name) & (2) Plots A-138, A-89A & 85A, Friends Colony, Lucknow (₹19.50L + ₹19.99L + ₹14.40L – in Anil Yadav’s name)

The case stemmed from ECIR/01/LKZO/2018 registered by ED on 19.02.2018, based on CBI FIR RC0062017A0026 (30.11.2017) for offences under IPC 409, 420, 467, 471, 34 & PC Act Ss.7, 13, concerning large-scale misappropriation in Gomti River Channelization & Riverfront Development Projects.

ED alleged that Roop Singh Yadav, as Executive Engineer, manipulated tender processes & diverted “centage charges,” favouring firms like M/s Crossland Engineering & Infrastructure Pvt. Ltd. owned by Amit Yadav, who admitted under Section 50 PMLA that he paid ₹30 lakh bribe to Yadav via cheques dated 05.09.2016 & 06.09.2016 (₹15 lakh each). ED found that soon thereafter, ₹32 lakh cash was deposited in Shyama Devi’s bank account on 21.11.2016. Her ITR showed a sudden jump in income from ₹3.5 lakh to ₹37 lakh (A.Y.2017-18), inconsistent with earlier years

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,130

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