Richa Dubey Vs Deputy Director (Appellate Tribunal under SAFEMA, New Delhi)
Property Can Be Attached Under PMLA Even If Its Holder Is Not Named as an Accused in FIR or ECIR: Appellate Tribunal
Summary: The Appellate Tribunal under SAFEMA has held that attachment under the Prevention of Money Laundering Act, 2002 is directed against the proceeds of crime and not merely against the person accused of the scheduled offence. Therefore, property held in the name of the wife or other family member of an accused can be attached even when such person is not named in the FIR or ECIR, provided the property represents proceeds of crime.
The Tribunal accordingly upheld the attachment of properties valued at approximately ₹10.12 crore standing in the names of deceased accused Vikas Dubey, his wife, son and others.
Facts of the case
Two FIRs were registered following the incident in which a police team proceeding to arrest Vikas Dubey was attacked, resulting in the death of eight police personnel. During the subsequent investigation, it was alleged that Vikas Dubey was involved in several offences, including organised crime, corruption, embezzlement of funds meant for the Public Distribution System, forcible takeover of businesses and land-grabbing activities.
