Did the PMLA Tribunal Really Order the ED to Return the BMW from Jharkhand CM’s Residence?
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Synopsis
In a significant ruling, the PMLA Tribunal has mandated the ED to return a luxury BMW seized from Jharkhand CM Hemant Soren's residence. The tribunal questioned the validity of the seizure, citing a lack of evidence linking the vehicle to any alleged crimes. This decision underscores the importance of due process in legal proceedings.
Key Takeaways
- PMLA Tribunal mandates release of BMW seized from CM Soren.
- Lack of evidence leads to questioning of the ED's actions.
- Seizure of depreciating assets must be justified.
- Company restricted from selling the vehicle for a year.
- New evidence can prompt further action by the ED.
Ranchi/New Delhi, Oct 7 (NationPress) The Appellate Tribunal located in Delhi, operating under the Prevention of Money Laundering Act (PMLA), has mandated the Enforcement Directorate (ED) to return a luxury BMW car that was confiscated from the residence of Jharkhand Chief Minister Hemant Soren in Delhi last year.
This vehicle, a 2021 model BMW, was seized on January 29, 2024, during ED's investigation linked to allegations of money laundering related to the Jharkhand land scam.
The car is registered under Bhagwandas Holdings Private Limited, which contested the seizure in front of the tribunal.
In its legal appeal, the company contended that after 21 months, the ED had not provided any substantial evidence connecting either the vehicle or the firm to the alleged money laundering. The tribunal agreed, emphasizing that a car is a depreciating asset and should not remain under seizure without evidence of its involvement in a crime.
The tribunal mentioned, "Unless it is proven that the car was acquired through proceeds of crime or utilized in money laundering, its ongoing seizure is unwarranted," and ordered the ED to release the vehicle within six weeks.
Legal representatives for the company, Rohit Sharma and Rajesh Inamdar, pointed out that neither the firm nor its directors were implicated as accused in the ECIR or any of the ED's prosecution documents. The tribunal also highlighted the lack of substantial evidence from the ED to validate its actions.
In dismissing the agency's claims, the tribunal instructed the return of the car to the petitioner under certain conditions.
The company is prohibited from selling or disposing of the vehicle for a year and must keep it in operational condition.
Additionally, the tribunal stated that if new evidence emerges, the ED retains the right to take necessary actions.
This ruling was issued on September 25 but has only now gained attention, in line with previous orders in the same case, where other seized items, including digital devices, have already been returned to the petitioner.
Point of View
This ruling reflects the judiciary's commitment to uphold the principles of justice and due process. The tribunal's decision to question the ED's seizure of the BMW highlights the need for concrete evidence in legal actions. It serves as a reminder that the law must balance enforcement with the protection of individual rights, ensuring that no asset is wrongfully retained without justification.
NationPress
07/10/2025
Frequently Asked Questions
What was the reason for the BMW's seizure?
The BMW was seized as part of an investigation in connection with a money-laundering probe linked to the alleged Jharkhand land scam.
Who is the vehicle registered under?
The vehicle is registered in the name of Bhagwandas Holdings Private Limited.
What did the tribunal say about the seizure?
The tribunal stated that the continued seizure of the car is unjustified without proof of its involvement in a crime.
What conditions were imposed on the return of the BMW?
The company is prohibited from selling or disposing of the vehicle for one year and must maintain it in working condition.
What happens if new evidence is found?
If new evidence surfaces, the ED is allowed to take appropriate action regarding the vehicle.
