Nidhiuppal vs Deputy Director Directorate Of Enforcement, Delhi

,,,,,,

MP-PMLA-2897/DLI/2016 (Misc.) & FPA-PMLA-605/DLI/2014,,,,,,

By this order, we propose to decide the above-mentioned appeal filed under Section-26 of Prevention of Money Laundering Act, 2002 against the",,,,,,

Order dated 17.06.2014 in OC no. 257/2014.,,,,,,

In the present appeal, we are only concerned with one immovable property i.e.House no. M-4/9, DLF Phase-II, Gurgaon. The appellant is claiming",,,,,,

that the above-said property is owned by her by virtue of registered gift deed in her favour in view of the settlement arrived before the court as,,,,,,

divorce alimony. In view of the above said circumstances, we have to decide whether any proceed of crime has been used by her and or her ex-",,,,,,

husband, ShivrajPuri in acquiring the said property.",,,,,,

It is admitted position that the appellant was not arrayed in the FIR nor any charges are frame. She is also not accused in the prosecution complaint.,,,,,,

She, in the present appeal, is seeking relief to release only the property which is acquired by her by virtue of divorced decree passed in her favour. By",,,,,,

the said decree by mutual consent, the said House No. M-4/9, DLF Phase-II Gurgaon has come to her. She is not involved in money laundering.",,,,,,

S/Shri Shivraj Puri, RaghurajPuri, Rajender Chand, Sanjay Gupta, Gaurav Jain and Smt. DeekshaPuri had committed various offences punishable",,,,,,

under various provisions of the Indian Penal Code, 1860 (IPC) pursuant to which FIR No. 341.2010, was registered at PS: DLF Phase-II, Gurgaon",,,,,,

under Section 420/467/471 and 120B IPC,[which are scheduled offences under the Prevention of Money Laundering Act, 2002]. During the course of",,,,,,

police investigations, S/Shri Shivraj Puri, RaghurajPuri, Rajender Chand, Sanjay Gupta and Gaurav Jain were arrested by the officers of the Haryana",,,,,,

Police, Gurgaon, but Smt. DeekshiPuri could not be arrested by Haryana Police and was declared a Proclaimed Offender. The accused persons",,,,,,

entered into a criminal conspiracy amongst themselves & others, and in furtherance thereto, they with dishonest intentions, floated a Bogus Scheme of",,,,,,

High Assured Returns on investment by forging a Securities and Exchange Board of India (SEBI) Circular, whereas no such Circular was actually",,,,,,

issued by the SEBI. The above named accused/suspect persons, in furtherance to the above mentioned criminal conspiracy, also fraudulently made",,,,,,

use of the Bank Accounts of Shri Shivraj Puriâ€s other relatives viz. ShriPremNath, Smt. ShielaPremNath and ShriPankajPremNath for undertaking",,,,,,

their fraudulent financial activities including for laundering of funds viz proceeds of crime.,,,,,,

The charge-sheet has been filed against one Shri Shivraj Puri & others. The appellant has not been charge-sheeted in any court. The main charges,,,,,,

leveled against the said accused persons are as under :-,,,,,,

i) During September 2009, they had, in furtherance of the criminal conspiracy hatched, committed the illegal act of cheating various Investors by",,,,,,

preparing forged documents, viz a Circular purportedly issued by the Security and Exchange Board of India (SEBI). They had also committed other",,,,,,

illegal acts viz. Having opened Bank Accounts in the name of,,,,,,

a. M/s. B.G. Financial Services (with Sanjay Gupta and his wife Archana Gupta as partners),",,,,,,

b. M/s. G2S Management Consultants (with Sanjay Gupta, Gaurav Jain &Ganpat Singh as partners), and",,,,,,

c. Using the Account of M/s. NMBPL (with Raghu Raj Puri, and DeekshaPuri are Directors) for illegally and fraudulently obtaining huge undue",,,,,,

amounts as Commission, through the abovementioned acts of criminal conspiracy, cheating and forgery,",,,,,,

(ii) During the year 2009-2010, they had cheated S/Sh. ArunAnand, Ashok Goyal, Yoesh Jindal, Bharat Goyal, AnupamBhasin C.B. Sharma, Ashok",,,,,,

Mukharji, K.K. Bajaj, Ms.DheerajKumari, and others by dishonestly inducing them to deliver property/amount belonging to them to the above named",,,,,,

accused persons.,,,,,,

(iii) They had also forged certain documents purported to be valuable security, namely, letter of SEBI, receipts, electronic record, Bank statements etc",,,,,,

for obtaining commission received without any authority,",,,,,,

(iv) They had forged the above mentioned documents or electronic record, intending to use the same for the purpose of cheating,",,,,,,

(v) They had fraudulently or dishonestly used as genuine the aforesaid forged documents or electronic records which they knew or had reason to,,,,,,

believe, to be forged documents or electronic records,",,,,,,

(vi) During the year 2009-2010 Shri Shivraj Puri was entrusted with funds amounting to Rs. 405,51,41594.91 in his capacity as the then Relationship",,,,,,

Manager, CITI Bank, DLF Phase II, Gurgaon, and he had committed breach of trust in respect of the said property/amount so entrusted to him, and",,,,,,

(vii) During the year 2009-2010 ShivrajPuri, knowingly or having reason to believe that the offence of cheating and forgery have been committed,",,,,,,

caused certain evidence connected with the said offence, namely, I-Phone, to disappear with the intention to save the offenders from legal",,,,,,

punishment.,,,,,,

Police investigations further revealed that ShivrajPuri, in criminal conspiracy with Shri Sanjay Gupta, and the others solicited and obtained investments",,,,,,

from various Citi Bank customers and also non-Citi Bank customers mainly Hero Corporate and others. The investment, thus mobilized was deposited",,,,,,

in,,,,,,

à Prem Nathâ€​s Custodian Account No. 5011666247,",,,,,,

à Other family linked accounts,",,,,,,

à Accounts of 2 other firms namely M/s. B.G. Financial Services and M/s. G2S Management Consultants, etc., which were used for inflow/outflow",,,,,,

of funds, and",,,,,,

à Besides, certain amounts have also been transferred to Brokerage Houses namely ReligareSecruities, Bonanza and India Infoline, etc.",,,,,,

Investigation by the Police further revealed that the accused persons have also purchased properties in India.,,,,,,

First charge-sheet u/s 173(2) of Cr.P.C. 1973 was submitted by Haryana Police, Gurgaon in the Court of CJM, Gurgaon in the afore-mentioned",,,,,,

case registered under FIR No. 341/2010, PS: DLF Phase-II, Gurgaon. Charges were framed on 09.11.2011 against the accused persons viz. S/Shri",,,,,,

Name of

Property",Details of payment made,,,,,

,"Name of

Bank and accounts

No.","Mode of

payment

Draft/Cheque

No.",Amount,Made in favour of,,

House No. M-

4/9 DLF Phase

II, Gurgaon,","SCB 531105342

540","060661

dt.29.10.2009

344416

dt.25.09.2009","93.00.000/-

32,00,000/-",Gurmeet Kaur,,

,,Total Amount,"1,25,00,000/-",,,

GF-A Raisina

Residency, Sec

59, Gurgaon

5513 Sqft","SCB

531105342

540","103290

dt.01.06.2010

261486

dt.01.07.2010","36,18,320/-

55,76,538/-",Raisina Residency,,

,,Total Amount,"91,94,858/-",,,

Commercial site,

A-511 Urban

Square Golf

Course

Road, Sec, 62

Gurgaon, 1240

Sqft","SCB

531105342

540","261482

dt 31.07.2010

103296

dt01.06..2010","16,66,560/-

9,52,320/-","Urban Square

Sec-

62 Gurgaon",,

,,Total Amount,"26,18,880/-",,,

Commercial

site, A-512

Urban Square

Golf Course

Road, Sec.62

Gurgaon, 1220

Sqft","SCB

531105342

540","261481

dt 31.07.2010

103292

dt 01.06.2010","16,39,680/-

9,36,960/-","Urban Square

Sec-

62 Gurgaon",,

,,Total Amount,"25,76,640/-",,,

C-14 Haridwar

Green Vill-

Aneki, Hatampur

2850 Sqft","SCB

531105342

540","DD 003037 dt

3.9.10

335885

dt 0.9.10

335888

dt 20.9.10

391902

dt 1.11.10","5,00,000/-

5,00,000/-

13,29,250/-

87,05,295/-",Arrow Infra Ltd,,

,,Total Amount,"1,10,34,545/-",,,

EMAAR MGF

Emerald Hills-

Emerald Plaza-

2, Office Space-

027 Gurgaon,

637 Sqft","HDFC 004419300

04342","DD 666115

dt4.12.09

808306

dt 10.3.10

808332

dt 20.3.10

746836

dt 25.1.10","5,00,000/-

2,86,952/-

2,86,952/-

73,903/-",Emerald Plaza,,

,"SCB

53110532540","261489

dt 17.10.10","18,13,533.48/-",,,

,,Total Amount,"29,61,340.48/-",,,

EMAAR MGF

Emerald Hills-

Emerald Plaza-

2, Office Space-

028 Gurgaon,

637 Sqft","HDFC

00441930004342

SCB 53110532540","DD 66616

dt 4.12.09

8083307

dt 10.3.10

808333

dt 20.03.10

746837

dt 25.1.10

261488

dt 10.10.10","5,00,000/-

2,86,952/-

2,86,952/-

73,903/-

18,13,533,48/-",Emerald Plaza,,

,,Total Amount,"29,61,340.48/-",,,

Name of

property",Details of payment made,,,,,

,"Name of Bank

and accounts No.","Mode of payment

Draft/Cheque No.",Amount,Made in favour of,,

House No. M-

4/9 DLF

Phase II,

Gurgaon, (Shiv

Raj

Prri)","SCB531105325

425","060661 dt

29.10.2009","93,00,000/-",GurmeetKaur,,

,,"344416

dt 25.09.2009","32,00,000/-",,,

,,Total Amount,"1,25,00,000/-",,,

GF-A

Raisina

Residency,

Sec 59,

Gurgaon 5513

Sqft

(Shiv Raj

Puri)",SCB531105325 40,"103290 dt

1.06.2010","36,18,320/-","RaiosinaReside cy,

Gurgaon",,

,,"261486 dt

1.07.2010","55,76,538/-",,,

,,Total Amount,"91,94,858/-",,,

Commercial

site, A-511

Urban Square

Golf Course

Road, Sec- 62

Gurgaon, 1240",SCB 53110532540,"264182

dt 31.07.2010","16,66,560/-","Urban Square

Sec- 62

Gurgaon",,

,,,,,,

,,,,,,

,,,,,,

Sqft

(Shiv Raj

Puri)",,"103296

dt 01.06.2010","9,52,320/-",,,

,,Total Amount,"26,18,880/-",,,

Commercial

site, A-512

Urban Square

Golf Course

Road, Sec- 62

Gurgaon, 1220

Sqft

(Shiv Raj

Puri)",SCB 53110532540,"261481

dt 31.07.2010

103292 dt

01.06.2010","16,39,680/-

9,36,960/-","Urban Squarre

Sec-62 Gurgaon",,

,,Total Amount,"25,76,640/-",,,

C-4

Haridwar

Green, Vill-

Aneki,

Hatampur

3850 Sqft

(Shiv Raj Puri)",SCB 53110532540,"DD003037

dt 3.9.10","5,00,000/-",Arrow infra Ltd,,

,,"335885

dt 1.9.10","5,00,000/-",,,

,,"335888

dt 20.9.10","13,29,250/-",,,

,,"391902

dt 1.11.10","87,05,295/-",,,

,,Total Amount,"1,10,34,545/-",,,

EMAAR MGF

Emerald Hills-

Emerald

Plaza-2, Office

Space-027

Gurggaon,

637 Sqft

(Shiv Raj Puri)","HDFC

004419300043

42","DD 666115

dt 4.12.09","5,00,000/-","Emerald Plaza,

Gurgaon",,

,,"808306

dt 10.03.10","2,86,952/-",,,

,,"808332

dt 20.3.10","2,86,952/-",,,

,,"746836

dt 25.1.10","73,903/-",,,

,SCB 53110532540,"261489

dt 17.10.10","18,13,533.48/-",,,

,,Total Amount,"29,61,340.48/-",,,

EMAAR MGF

Emerald Hills-

Emerald

Plaza-2,","HDFC

004419300043

42","DD 666116

dt 4.12.09","5,00,000/-","Emerald Plaza,

Gurgaon",,

,,"808307

dt 10.03.10","2,86,952/-",,,

,,"808333

dt 20.3.10","2,86,952/-",,,

Office Space-

027 Gurgaon,

637 Sqft

(Shiv Raj

Puri)",,"746837 dt

25.1.10","73,903/-",,,

,SCB 53110532540,"261488

dt 17.10.10","18,13,533.48/-",,,

,,Total Amount,"29,61,340.48/-",,,

Plot of lant al

No. C- 2/1056,

PalamVihar,

Gurgaon Smt.

Archana

Gupta, W/o

Sanjay

Gupta","ICICI

035801500543","DD 035220

dt 21.5.10

DD 035221 dt

24.5.10","45 lakh

(+ Rs. 2.65 lakh

towards

registration

charges",,,

Maruti Zen

Car-Reg No.

HR-26-BD-

7902 M/s B

G Financial

Services","Axis Bank

910020019164

197","DD Dated

24.08.10","3,64,896/-",,,

S.

No.","Policy No.,

Customer Name

of","Plan & pay

period",Date of issue,"Annual

premium in

Rs","Total payment (in

Rs) made during

2009 & 2010",

1.,"3490325-

PankajPremnath","Freedom- 58,

Whole life",28.10.2009,14 lakh,28 lakh,

2.,"3592728-

PankajPremnath",-do-,28.10.2009,25 lakh,50 lakh,

3.,"420478-

ReghurajPuri","Flexi save Plus-

2003 10

yrs",6.5.2005,96384/-,"1,26,384/-",

4.,"420479-

DeekshaPuri",-do-,6.5.2005,98545/-,"1,28,545/-",

5.,"4292272-

PankajPremnath","Freesom-58

Whole life",28.7.2010,11 lakh,"31,50,000/-",

6.,"4387654-

DeekshaPuri",-do-,31.10.2010,35 lakh,99.75 lakh,

7.,"4439390-

DeekshaPuri","Bachat

Endowment- 20

yrs",6.10.2010,"2,40,000/-","2,32,773/-",

8.,"4443548-

Pankajpremnath",-d-,13.10.2010,"2,38,180/-","2,31,008/-",

9.,"3174320-

PankajPremnath","Freesom-58,

Whole life",28.7.2009,6 lakh,12 lakh,

10.,"3377264-

RaghurajPuri",-do-,29.9.2009,15 lakh,30 lakh,

11.,"3483785-

Pankajpremnath","Dream Plan-

20 yrs",28.10.2009,"2,01,500/-","4,03,000/-",

12.,"3486170-

PankajPremnath",-do-,28.9.2009,"2,21,760/-","4,43,520/-",

13.,"333071663-

ShivrajPuri","JeevanMitra

LIC",25.1.2010,"2,60,387/-","2,60,387/-",

14.,"333071662-

ShivrajPuri","AmulyaJeevan

LIC",25.1.2011,"50,400/-","50,400/-",

15.,"333071661-

ShivrajPuri","JeevanAnand

LIC",14.9.2009,"1,05,177/-","2,10,344/-",

16.,"333071663-

ShivrajPuri",-do-,23.9.2009,"70,741/-","1,41,582/-",

CASA No.,DMF No.,"Customer

Name","Scheme

Name","Date of

purchase","NAV

Rate",Unit

500311247,3003111252,Premnath,"ICICI VPEF-

PMS",26.10.2009,10,"25,000

500311247,3003111252,Premnath,-do-,-do-,10,"25,000

500311247,3003111252,Premnath,-do-,1.5.2010,10,"25,000

5005551244,3005551217,Premnath,"FTAF-Pay

Out",19.3.2009,8.554,11631.985

5005551244,3005551217,Premnath,-do-,25.1.2010,16.066,5601.892

5005551244,3005551217,Premnath,"DSPBRX Tax

Save Fund D/V",28.3.2011,11.823,5846.305

5005551244,3005551217,Premnath,-do-,7.3.2011,11.456,244.451

5005551244,3005551217,Premnath,"FTAF-Pay

Out",30.11.2010,20.661,4840.037

5005552248,3005552213,"Shelia

Premnath","DSPBRX Tax

Save Fund D/V",28.3.2011,11.823,6829.482

5005552248,3005552213,"Sheila

Premnath","DSPBRX Tax

Save Fund D/V",7.3.2011,11.458,285.561

5011666247,3011666255,Premnath,UTI-OFDG,30.1109,13.84,491329.48

5011666247,3011666255,Premnath,UTI-OFDG,31.3.2010,12.76,268025.078

5011666247,3011666255,Premnath,UTI-OFDG,31.3.2010,23.89,4060027.627

5011666247,3011666255,Premnath,UTI-OFDG,30.9.2010,15.07,829462.508

5011666247,3011666255,Premnath,UTI-OFDG,30.9.2010,28.22,442948.264

111154244,3111154219,"Metcamholdi

ngPvt. Ltd","Franinda

Dynamic Paralia

Fund of Funds

Growth",30.6.2010,37.8102,66119.724

111154244,3111154219,"Metcamholdi

ng Pvt Ltd",FEF Growth,30.6.2010,33.208,57215.129

5011666247,3680510252,"PankajPrem

nath","FEF Div Pay

Out",29.4.2010,19.967,500826.363

5011666247,3680510252,-do-,"CICI POPO

CHIP",29.4.2010,14.3,174825.175

5011666247,3680510252,-do-,"Trandindia

Dynamic Fund

of

Funds DIV",29.4.2010,34.3169,101990.554

5011666247,3680510252,-do-,-do-,29.7.2010,34.9593,171628.15

5011666247,3680510252,-do-,-do-,31.8.2010,35.1591,241758.179

5011666247,3680510252,-do-,"FQ OW Pay

Out",31.8.2010,21.91,456412.597

5011666247,3680510252,-do-,"CICI PDPD

Pay Out",31.8.2010,18.1489,550997.581

5011666247,3680510252,-do-,"HOHIEQUITY

FUND DIV",29.7.2010,21.669,481488.763

5011666247,3680510252,-do-,"CICI PDPD

Pay Out",29.7.2010,19.1246,522886.753

5011666247,3680510252,-do-,"CICI PDPD

Pay Out",29.9.2010,12.411,1611473.693

5011666247,3680510252,-do-,"FrandandiaD

ynpocada Fund

of

Funds DIV",29.9.2010,35.5867,1093293.465

5011666247,3680510252,-do-,"CICI PDPD

Pay Out",29.10.2010,19.5781,510774.794

5011666247,3680510252,-do-,"CICI PDPD

CHIP",29.10.2010,17.22,580720.093

5011666247,3680510252,-do-,"MiralAssat India

Opportunity

Fund REG Div

REIN",30.11.2010,15.712,1018329.939

5011666247,3680510252,-do-,-do-,10.12.2010,13.978,109248.503

57001784244,3680510252,ShivrajPuri,FTAF Growth,9.1.2009,9.945,10055.304

57001784244,1700178217,-do-,-do-,5.1.2010,18.463,5416.238

987483245,1700178217,SP Puri (HUF),"CICI PDPD

INVI",13.2.2009,10.8435,11.356

9874832454,1700178217,-do-,"Suitder Fund

Div-Rein",6.3.2009,10.936,27.451

Produce code bank,Custodian,Account No.,,,,

IILDO Citibak NA,K KMalhotra,5367001242,,,,

IFID Citibank NA,PremNath,5011666247,,,,

LNLOD Citibank NA,RajendraKhosla,5755561241,,,,

S.N.,Name of entitles,A/c No.,"Amount Rs.

In lakh",,,

1.,"Custodian Account â€

Citibank",5011666247,39583.66,,,

2.,Religare Securities Ltd,,13042.52,,,

3.,Bonanza Portfolio Ltd,,17631.72,,,

4.,Shiv Raj Puri (HDFC Bank),41930004342,2459.27,,,

5.,"Shiv Raj Puri

(Standard Chartered Bank)",53110532540,4148.80,,,

6.,"DeekshaPuri (HDFC

Bank)",41930006474,3688.16,,,

7.,DeekshaPuri Citibank,5201116246,1413.43,,,

8.,"DeekshaPuri&Rajender

Chand (Citi Bank)",5202814249,40.00,,,

9.,"RaghurajPuri (HDFC

BANK)",44160000335,5840.00,,,

10.,"RaghurajPuri, (Citi

Bank)",5755573247,839.89,,,

11.,"RaghurajPuri, S R P & D

Puri (Standared

Charted bank)",52205911540,744.5,,,

12.,"RaghurajPuri (Axis

Bank)",131010100380546,390.00,,,

13.,"PankajPremNath

(CitiBank)",5680510247,818.29,,,

14.,"Normans Martin

(Citibank)",0004083245,604.78,,,

15.,"Sheila PremNath

(Citibank)",5011667246,1320.38,,,

16.,"Sheila

&PankajPremNath

(Citibank)",5005552248,19.29,,,

17.,"PremNath& Sheila

PremNath (Citibank)",5005551244,6.31,,,

S.No.,Details/particulars,"Owned/held the

name of","Recorde

Value/in Rs.",,,

1.,"Account No.

5011666247 of Citi

Bank, DLF, Phase-II,

Gurgaon","ShriPremNath,

Smt Sheila

PremNath, Smt,

DeekshaPuri","10,90,47,779.43",,,

2.,"Plot of lant at No. C- 2/1056,

PalamVihar, Gurgaon","SmtArchana

Gupta W/o Shri

Sanjay Gupta","45 lakh

(+Rs. 2.65 lakh

towards

registration

charges",,,

3.,"A/c No.

910010013974898 With

Axis Bank New Delhi","SmtArchana

Gupta W/o Shri

Sanjay Gupta","29,07,917.83",,,

4.,"Maruti Zen Car â€" Reg No.

HR-26-BD-7902","M/s N/G/

Financial Services","3,64,896/-",,,

5.,"A/c

No. 910020019164197","M/s N/G/

Financial Services","5,23,08,849.67",,,

6.,"A/c

No. 910020021019874

with Axis Bank, New Delhi","M/s G2S

Management

Consultants","1,23,55,150.10",,,

7.,"Plot of land at No. C-

1/627, PalamVihar, Gurgaon","SmtKiran Jain

W/o

ShriGauravjain","50 lakh (+Rs. 2.65

lakh

towards

registration and

stamp duty",,,

,Total,,"Rs18,70,14,593/-",,,

Name of

property",Details of payment made,,,,,

,"Name of Bank

and accounts No.","Mode of payment

Draft/Cheque

No.",Amount,"Made in favour

of",,

House No. M- 4/9

DLF Phase II,

Gurgaon,",SCB 531105342540,"060661

dt 29.10.09

344416

dt 25.09.09","93,00,000/-

32,00,000/-",GurmeetKaur,,

,,Total Amount,"1,25,00,000/-",,,

GF-A Raisina

Residency, Sec

59, Gurgaon

5513 Sqft","SCB

53110535240","261486

dt 01.07.10

Total Amount","55,76,538/-

91,94,858/-","Raisina

Residency",,

Commercial

site, A-511 Urban

Square

Golf Course

Road, Sec. 62

Gurgaon, 1240

Sqft","SCB

5311053240","261482

dt 31.07.10

103296

dt 01.06.10","16,66,560/-

9,52,320/-","Urban Square

Sec-62 Gurgaon",,

Commercial site,

A-511 Urban

Square Golf

Course

Road, Sec. 62

Gurgaon, 1240

Sqft",SCB 5311053240,"261481

dt 31.07.10

103292

dt 01.06.10

Total amount","16,39680/-

9,36,960/-

25,76,640/-","Urban Square

Sec-62 Gurgaon",,

C-4 Haridwar

Green, Vill-

Aneki, Hatampur

3850 Sqft",DCB 53110532540,"DD 003037

dt 3.9.10

335885

dt 1.9.10

335888

dt 20.9.10

391902

dt 1.11.10

Total Amount","5,00,000/-

5.00.000/-

13,29,250/-

87,05,295/-

1,10,34,545/-",Arrow Infra Ltd,,

EMAA MGF

Emerald Hills-

Emerald Plaza 2,

Office Space-

027 Gurggaon

637- Sqft","HDFC

00441930004342

SCB 53110532540","DD666115

dt 4.12.09

808306

dt 10.3.10

808332

dt 20.3.10

746536

dt 25.1.10

261489

dt 17.10.10

Total Amount","5,00,000/-

2,86,952/-

2,86,952/-

73,903/-

18,13,533.48

29,61,340.48",Emerald Plaza,,

EMAAR MGF

Emerald Hills-

Emerald Plaza- 2,

Office Space-

028 Gurgaon,

53/Sqft","HDFC

004419300043

42","DD 66616

dt 4.12.09","5,00,000/-",Emerald Plaza,,

,,"808307

dt 10.3.10","2,86,952/-",,,

,,"808333

dt 20.03.10","2,86,952/-",,,

,,"746837

dt 25.1.10","73,903/-",,,

,SCB 53110532540,"261488

dt 10.10.10

Total Amount","18,13,533.48

29,61,340.48",,,

September, 2009 through Standard Chartered Bank DD No. 344416 amounting to INR 32 Lacs and then on 29th Oct 2009 through Standard",,,,,,

Chartered Bank DD Number 050661 amounting to INR 93 Lacs.,,,,,,

1st Installment paid by ShivrajPuri - 25 September 2009 through Standard Chartered Bank DD No. 344416amounting to INR 32 Lacs. Final,,,,,,

Installment paid by ShivrajPuri - 29th October 2009 through Standard Chartered Bank DD Number 050661 amounting to INR 93 Lacs.,,,,,,

It is the case of the appellant that the Citibank accused ShivrajPuri had also forged the signatures of the appellant in May, 2009 and had filed a",,,,,,

divorce application in Gurgaon Court. There was no Bank Account or property or investment or insurance policy bought by the accused with appellant,,,,,,

as the Joint Holder or Nominee or Beneficiary. All the Bank Accounts of appellant were investigated by both Citibank and ED and no objectionable,,,,,,

transaction was found that is why none of the appellantâ€​s accounts were attached.,,,,,,

Objectionable transactions were however found between the accounts of ShivrajPuri and VandanaMandhana and in the list of accounts and,,,,,,

investments attached â€" Mrs.VandanaMandhana was the nominee in most accounts and investments. The accused has also admitted these,,,,,,

statements in his statements to Police. Copies of LIC policy of ShivrajPuri dated September,2009 with VandanaMandhana named as his wife,",,,,,,

Confession Statement of Mrs.VandanaMandhana to Citibank dated 03 Jan, 2011 have been submitted before the Honâ€ble Court for their review. It",,,,,,

is also important to note that ShivrajPuri and Mrs.VandanaMandhana are legally married on date.,,,,,,

The appellant was separated from the accused in 2009 and was not aware of the misdeed of the accused till Citibank told her in December 2010.,,,,,,

This further proves her innocence and non-involvement in the case. The Appellant was never named in any complaint or in FIR or called upon by any,,,,,,

court as an accused or even as a witness.,,,,,,

The documents submitted by the respondent themselves confirm that their case involves proceeds of crime that came in Citibank Custodian,,,,,,

Account that was opened by the accused in the case on 27th Oct., 2009 bearing no. 5011666247. The SEBI circular that was the basis of the floating",,,,,,

the Bogus Scheme has been admitted in their findings to be dated 01st January, 2010.",,,,,,

It is submitted by the appellant that from August 2009 to June 2011, she invested huge amount of personal savings to renovate the said house. She",,,,,,

even took up the loan of Rs. 17 Lacs to furnish and renovate the house and invested a total sum of Rs. 38 Lacs + Interest on Loan to furnish and,,,,,,

renovate the house. The Appellant has filed the details of the lawful borrowings / spending made by her in relation to the said property.,,,,,,

When she came to know about disgraceful act of ShivrajPuri was shared with her by Citibank Team on 9th December 2010, she had no option but",,,,,,

to put an end to the marriage at that time she was residing in House M-4/9 DLF Phase â€" 2 Gurgaon. She got right to the title of the property through,,,,,,

the gift deed dated 22nd December, 2010.",,,,,,

The Appellant initiated her divorce application on 23rd December, 2010 which was submitted to the Family Court and the 1st Motion was filed on",,,,,,

06th January 2011. It is the admitted position that none of her savings accounts were attached during their investigation in December 2010. It is,,,,,,

alleged by her that prior to December, 2010, she was unaware about the misdoing of ShivrajPuri and her innocence and non involvement was further",,,,,,

proven when the Appellant was not namedin FIR No. 341/2010 dated 27th December, 2010 registered at PS DLF Phase-II under sections",,,,,,

420/467/468/471/120B or any proceedings arising therefrom. During the investigation which started in December 2010, it was revealed that all bank",,,,,,

accounts and investments of ShivrajPuri had VandanaMandhana as the Nominee. Evidences collected in Jan, 2011 further confirmed, ShivrajPuri was",,,,,,

living with VandanaMandhana as husband and wife since 2009 at Central Park rented apartment. As per appellant, there were transfers from his",,,,,,

account to the savings account of VandanaMandhana but no such objectionable transfer / transaction was found when the bank accounts of,,,,,,

NidhiUppal were investigated.,,,,,,

It is the specific case of appellant that she was not aware about the involvement of the accused till Citibank informed her on9th December, 2010.",,,,,,

The Complete case is about how ShivrajPuri forged a SEBI Circular dated 1st Jan 2010and allied fraudulently allured investors through that to invest,,,,,,

money for getting high returns by opening an account in the name of Premnath Custodian account No. 501166247 at Citibank Gurgaon Branch on 27th,,,,,,

Oct, 2009 and the investigation has been done for the period 27th Oct, 2009 till 09 August, 2012.There was no transaction in the said Citibank account",,,,,,

till November, 2009.",,,,,,

The Appellant was removed from the aforesaid premises by the Gurgaon Police on 09th June 2011without any notice. The premises was locked.,,,,,,

Her belongings including her Education & Experience Certificates, clothes and her personal belongings were inside the house. The possession was",,,,,,

taken by the ED.,,,,,,

Admittedly, in the FIR no. 341/201 dated 27th December, 2010 registered as PS DLF Phase-II under sections 420/467/468/471/120B or any",,,,,,

proceedings arising therefrom including the investigation done by Citibank Investigation Team of Enforcement Directorate was based on ShivrajPuri,,,,,,

forging a SEBI circular dated 01.01.2010 and luring investors to deposit money in the Citibank Account of Premnath Custodian account no. 501166247,,,,,,

at Citibank Gurgaon Branch on27th Oct., 2009. However, in the said account, the money was inverted after the 1st instalment paid by him on",,,,,,

25.09.2019 and the final instalment paid by him on 29.10.2009 through Standard Chartered Bank. Time and again, we have requested the respondent",,,,,,

counsel to produce any evidence which would show prima facie that any investor has deposited the any amount prior to the final payment. However,",,,,,,

nothing was produced.,,,,,,

On 27.10.2009, a Bank Account viz Custodian Account bearing No. 5011666247 was fraudulently opened with Citi Bank, Gurgaon in the joint",,,,,,

names of ShriPremNath, Smt. ShielaPremNath& Smt. DeekshaPuri, all of whom are close relations of Shri Shiv Raj Puri, who was working as",,,,,,

Relationship Manager, in Citi Bank, Gurgaon. A large number of investors were lured to deposit funds in the said Custodian Account and fraudulently",,,,,,

prepared hand written deposit receipts which were issued to the investors on printed Citi Bank stationery, with the intention to show that the said",,,,,,

Scheme was floated by the Citi Bank. The said Custodian Account was fraudulently used as a conduit to subsequently transfer funds to various,,,,,,

accounts of the accused/suspect persons or their relatives maintained with various Brokerage Companies, viz. Religare Securities Ltd, Bonanza",,,,,,

Portfolio Ltd, India Infoline, etc. and that the said investors were kept in dark that their funds were being invested in such a manner.",,,,,,

The deal of the house was finalised in September, 2009 and payment for the same was made much prior to the floating of the scheme which is the",,,,,,

basis of the case. The appellantâ€s home â€" M-4/9, DLF Phase 2, Gurgaon was bought in instalments first being on 25th September,2009 through",,,,,,

Standard Chartered Bank DD No. 344416 amounting to INR 32 lacs and then on 29th October, 2009 through Standard Chartered Bank DD no.",,,,,,

050661 to INR 93 lacs.,,,,,,

a) 1st instalment paid by ShivrajPuri â€" 25th September, 2009 through Standard Chartered Bank DD no. 344416 amounting to INR 32 lacs.",,,,,,

b) Final instalment paid by ShivrajPuri â€" 29th October, 2009 through Standard Chartered Bank DD no. 050661 amounting to INR 93 lacs.",,,,,,

The said fact has not been denied by the respondent. It is evident that the property wasbought before the scam started as the Citibank Account,,,,,,

which is the basis of the entire scam itself was opened on 27th October, 2009 and there were no transaction in the account till November, 2009.",,,,,,

It is correct that the Appellanthad placed an application before the Ld. Spl. Judge, PMLA, Gurgaon to take note that one of the property (M-4/9",,,,,,

DLF Phase-2 Gurgaon) being discussed in the case belongs to her and no adverse decision should be taken without giving a chance to the appellant to,,,,,,

produce the facts, which is filed in order to claim her legal right. The Gurgaon Court only observed with respect to appellantâ€s plea “as non-",,,,,,

maintainable being prematureâ€. As per para No.5 of the Gurgaon Court Order “Keeping in view the above said two provision of Section 8 of the,,,,,,

Act, the application in hand is premature because it will only be decided after conclusion of the trial “whether the property in question is involved in",,,,,,

the money laundering or is a proceeds of money laundering or not?â€. It is evident that the dispute pending before this Tribunal is different than the,,,,,,

case pending before Gurgaon Court against her ex-husband. Actually, she had tried to place her own point of view and it is rightly not allowed the",,,,,,

prayer of the appellant in view of pendency of present appeal.,,,,,,

It is also a matter of fact that before taking the possession of property, no notice under section 8(4) was served upon the appellant and she was",,,,,,

thrown out of the aforesaid premises by the Gurgaon Police on 09th June 2011without any prior notice or order issued under the procedure established,,,,,,

by law and had locked all her precious belongings including her Education & Experience Certificates, Clothes and her personal belongings inside the",,,,,,

house. The appellant has tried to initiate the remedy before Punjab and Chandigarh High Court also requesting that her plea should be heard at the,,,,,,

earliest as she has been running from pillar to post since June 2011. The said proceedings before Chandigarh High Court have no bearing on the,,,,,,

present case as the impugned order has been challenged before us by filing of an appeal under Section 26 of the Act.,,,,,,

The Respondent has failed to submit any copy of the bank statement of Standard Chartered Bank for the period 2005 to 2011 or the Complaint /,,,,,,

FIR against the accused prior to September 2009 to prove that the appellantâ€s property â€" M-4/9 DLF Phase -2 Gurgaon was directly bought,,,,,,

through the proceeds of crime, rather the documents submitted by the respondent themselves confirm that their case involves proceeds of crime that",,,,,,

came in Citibank Custodian Account that was opened by the accused in the case on 27th Oct 2009 bearing Account Number 5011666247.,,,,,,

From the investigation conducted so far, it has inter-alia emerged that Shri Shivraj Puri by abusing his official position as the Relationship Manager",,,,,,

in Citibank Gurgaon, and in furtherance to a criminal conspiracy hatched and executed by him together with his relatives/associates fraudulently",,,,,,

opened and operated Custodian Account No. 5011666247 in the Bank in the names.,,,,,,

The appellant was removed from the aforesaid premises by the Gurgaon Police on 9.6.2011 without any notice. The premises was locked. Her,,,,,,

belongings including her education and experience certificates, clothes and her personal belongings are inside the house. The possession was taken by",,,,,,

the ED.,,,,,,

The appellant is neither an accused nor a co-accused nor even a witness in the Citibank Scam being investigated and was named merely as a,,,,,,

respondent as she was rightly a defendant and a rightful claimant of one of the property (House no.M-4/9 DLF Phase-2,Gurgaon).",,,,,,

In the light of above and after having gone through the entire material placed on record and entire gamut of the matter, we are of the considered",,,,,,

view that the above-mentioned property was not acquired from the proceed of crime and is not involved in money laundering, therefore, the",,,,,,

attachment at the hand of respondent is released by setting aside the impugned order dated 17.06.2014 only pertaining to said property. The appeal is,,,,,,

accordingly allowed.As stated above, since the property, in question, is part of the prosecution complaint under Section-3 of the PMLA against the",,,,,,

former husband of the appellant, Shri Shivraj Puri, the appellant has to move before the Ld. Special Court, PMLA, Gurgaon to get the property",,,,,,

releasedas per the prescribed provision of Sub-section 8 of Section 8 of the Act. In the circumstances, the appellant is at liberty to approach the",,,,,,

Special Court in accordance with law.,,,,,,

No costs.,,,,,,