[Anil Deshmukh money laundering case] Wife moves Bombay High Court challenging provisional attachment of assets

Wife of former Maharashtra Home Minister Anil Deshmukh has moved the Bombay High Court assailing the provisional attachment of assets by the Enforcement Directorate under the Prevention of Money Laundering Act (PMLA)..The plea filed through advocate Inderpal Singh was mentioned by Senior Advocate Vikram Chaudhri before a Bench of Justices Gautam Patel and Madhav Jamdar. Chaudhri submitted that the challenge in the plea was based on the composition of the Adjudicating Authority under the PMLA. He stated that while the authority is supposed to include a chairperson and two members, one of whom has to be mandatorily from law background, it presently comprises only a single member body who is not a member of law. .When the Bench enquired about the urgency in the matter, Chaudhri submitted that the authority will pass an order of the provisional attachment on December 9, 2021. He maintained that was not opposing the authority from hearing the matter, but asked to the Court to restrain the authority from passing any final order. .In light of the submissions made, the Bench stated that while the Adjudicating Authority may complete the hearing, it will not pass any final order till the High Court decide the present plea."There are serious questions of the appropriateness of the authority in question. We propose to hear it at some length and dispose off petitions at ad-interim stage," the Court stated in its order. The Court listed the petition for further hearing on January 10, 2022, while the protection is extended till January 14, 2022. .ED has provisionally attached assets worth ₹4.20 crores belonging to Deshmukh and his family held in the name of his wife Aarti Deshmukh and company Premier Port Links Private Limited. The attached assets included a residential flat of the value of ₹1.54 crore, located at Worli, Mumbai and 25 land parcels of book value ₹2.67 crores..ED had initiated a probe against Deshmukh and his associates after the Central Bureau of Investigation (CBI) filed a first information report (FIR) following a court-directed enquiry into the allegations of corruption and misuse of his official position.The FIR was filed under Section 120-B of the Indian Penal Code and Section 7 of the Prevention of Corruption Act for attempting to obtain undue advanrage for improper and diahonest performance of their public duty for collection of funds to achieve target of ₹100 crore per month from various establishments in Mumbai. .ED has alleged that Deshmukh received illegal gratification of approximately ₹4.70 crores in cash from various bar owners through dismissed Mumbai cop Sachin Waze. “Further, with the help of Delhi based dummy companies, Deshmukh family laundered the tainted money of ₹4.18 crore and projected the same as amount received in the name of his family trust - Shri Sai Shikshan Sanstha” ED stated. ED also alleged that the payment towards the flat registered in the name of Deshmukh’s wife was through cash and the entire payment was done in the year 2004. However, the sale deed was done in month of February 2020 when Deshmukh was the minister. Further ED stated that Deshmukh acquired 50% ownership in Premier Port Links Pvt. Ltd. including its assets totally valued at approximately ₹5.34 Crore (Book Value) by merely paying an amount of ₹17.95 lakhs..Deshmukh's wife along Premier Ports moved the High Court with individual petitions. The following prayers have been sought for:Direct Central government constitute an 'Adjudicating Authority' as per Section 6 of the Prevention of Money Laundering Act; andThe present Adjudicating authority which is of a single member be restrained from carrying out any further proceedings towards adjudication in their case;