PMLA Tribunal directs ED to return BMW seized from Jharkhand CM’s Delhi residence

Ranchi/New Delhi, Oct 7 The Delhi-based Appellate Tribunal under the Prevention of Money Laundering Act (PMLA) has ordered the Enforcement Directorate (ED) to release a luxury BMW car seized from Jharkhand Chief Minister Hemant Soren’s Delhi residence last year.

The car -- a 2021 model BMW -- was seized on January 29, 2024, when the ED conducted searches at Soren’s residence in connection with a money-laundering probe linked to the alleged Jharkhand land scam.

The vehicle is registered in the name of Bhagwandas Holdings Private Limited, which had challenged the seizure before the tribunal.

In its appeal, the company argued that even after 21 months, the ED had failed to produce any evidence connecting it or the vehicle to the alleged money-laundering case. The tribunal concurred, observing that a car is a depreciating asset and cannot be kept under seizure indefinitely without proof of its involvement in a crime.

"Unless it is established that the car was acquired through proceeds of crime or used in money laundering, its continued seizure is unjustified," the tribunal said, directing the ED to release the vehicle within six weeks.

The company’s counsels, Rohit Sharma and Rajesh Inamdar, submitted that neither the firm nor its directors were named as accused in the ECIR or in any of the ED’s prosecution complaints. The tribunal also noted the absence of any substantive evidence presented by the ED to justify its action.

Rejecting the agency’s arguments, the tribunal ordered the car’s return to the petitioner with certain conditions.

The company has been directed not to sell or dispose of the vehicle for one year and to maintain it in working condition.

The tribunal further clarified that if new evidence surfaces, the ED will be free to take appropriate action.

The order was issued on September 25 but has now come to light. It follows similar directions in the same case under which other seized items, including digital devices, have already been returned to the petitioner.

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