Supreme Court of India
M/s. Nav Nirman Builders & Developers Pvt. Ltd. through its Managing Director, Naveen Singh v. The Union of India through Deputy Director, Directorate of Enforcement, Govt of India Ranchi, Jharkhand
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What the Court ordered
For the foregoing reasons, we set aside the order dated 15.09.2022 passed by the Special Court allowing the application filed by the respondent under Section 8(7) of the PMLA, as confirmed by the High Court vide the impugned order dated 27.02.2023.
Judgment, page 30
From the headnote
Issue for Consideration In the instant case, this Court is concerned with the decision-making process adopted by the Special Court. Instead of deferring the application filed u/s.8(7) of the Prevention of Money-Laundering Act, 2002 (PMLA), and awaiting the adjudication by the Appellate Tribunal u/s.26 of the PMLA, the Special Court has allowed the said application. Headnotes† Prevention of Money-Laundering Act, 2002 – ss.8(7) and s.8(8): Held: Section 8(7) and Section 8(8) of the PMLA are stand-alone provisions. [Para 52] Prevention of Money-Laundering Act, 2002 – s.8(7) – When attracted:
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