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HC order on TMC bank a/cs may not affect ED freeze

HC order on TMC bank a/cs may not affect ED freeze

NEW DELHI: Enforcement Directorate’s freeze on three HDFC Bank accounts, which hold Rs 440 crore of Trinamool Congress, is likely to remain in force despite a Calcutta HC order relaxing the restraint imposed by Kolkata Police on all TMC bank accounts in view of claims by the party’s breakaway faction to the money.Sources in the agency said ED was not a party to the petition on which the HC gave its judgment, and that the court was dealing with Kolkata Police’s action in restraining the two TMC factions from operating the accounts. The freeze on three of 18 TMC accounts by ED under Section 17 of PMLA was not the matter being decided by the HC.Section 17 deals with the directorate’s powers to conduct search and seizure, while Section 17(1A) empowers it to seize assets. The merit of ED’s actions is then decided by the adjudicating authority. The legal process under PMLA allows for appeal to higher judicial authority after the adjudicating authority has given its order.The remaining TMC accounts include seven with Indian Bank in Kolkata, four with SBI – two each in Delhi and Kolkata – and an account with Union Bank’s Dharmatala branch in Kolkata.ED’s freezing of accounts is based on its claim to have found evidence of Rs 160 crore allegedly laundered by some TMC members through an aviation company to purchase a plane and a helicopter. ED had claimed Wednesday its “investigation revealed that around Rs 160 crore was transferred from TMC bank accounts to Carewell Aviation India and its related entity, mostly between April 2023 to June 2026″.”Carewell Aviation routed Rs 82.9 crore to another newly incorporated related entity for purchasing an aircraft Embraer Legacy 600 and one chopper Agusta 109 Grand New and Rs 112 crore was used for making the said purchases,” it had said.In addition, it said $1.7 million was arranged as an unsecured loan from one Cayman Islands based entity to purchase the helicopter. It is probing the Cayman Island connection with the aircraft and chopper purchased using the TMC funds.Meanwhile, in Kolkata, TMC’s breakaway group led by Ritabrata Banerjee said it will challenge the HC order by filing a special leave petition before SC, and make ED a party to the case.

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