Mumbai, Dec 17: “Mere likelihood of a challenge to the discharge order, or a possible reversal thereof, cannot be a ground to impose restraints on the enjoyment of property,” the special PMLA court has held, directing the Enforcement Directorate (ED) to release the properties of Chamankar Enterprises and its three partners.
Attachment Cannot Continue Without Due Process
“The right to enjoy property is a constitutional right of a citizen, which cannot be curtailed except for valid reasons and without following due process of law. There is absolutely no reason to permit the continuation of the attachment of the properties by the prosecution,” the special court said while ordering the release of the Chamankars’ properties.
High Court Had Discharged Accused In Money Laundering Case
M/s KS Chimankar Enterprises and its three partners, who were booked for alleged irregularities in contracts for Maharashtra Sadan in New Delhi, the RTO building at Tardeo, and an SRA project in Kalina, were discharged by the Bombay High Court from the money-laundering case.
Properties Attached In 2015 Sought To Be Released
As the proceedings against them for money laundering were dropped, they moved the special PMLA court seeking the release of properties attached by the ED in 2015.
The plea was opposed by the prosecution, which claimed that it was challenging the discharge order passed by the High Court, that the case was still pending against other accused, and therefore it would not be proper to release the attached properties.
Prosecution’s Objection Rejected By Court
The prosecution further submitted that if the court decided to release the properties, it should direct the applicants not to dispose of, transfer, or alienate the properties during the pendency of the case, to avoid complications.
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No Stay On Discharge Order, Says Court
However, the court noted that the order discharging the accused had neither been challenged nor stayed by any competent court. In such circumstances, the court held that there was “no reason to permit the continuation of the attachment of the applicants’ properties by the prosecution.”
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