In a major development in the high-profile money laundering probe against Jharkhand Chief Minister Hemant Soren, the Appellate Tribunal under the Prevention of Money Laundering Act (PMLA) has directed the Enforcement Directorate (ED) to release a BMW X7 luxury SUV seized from his Delhi residence.
The order, delivered on Thursday by Tribunal Member V. Anandarajan, requires the vehicle to be handed back within six weeks, while giving the ED the liberty to re-seize it should new evidence emerge linking it to the alleged crime. The detailed reasoning behind the verdict is awaited.
Background of Seizure
The ₹1.30 crore BMW X7 was seized on January 29, 2024, during ED raids at Soren’s Delhi residence. The agency had claimed the vehicle could be connected to the proceeds of crime arising from an alleged land scam under investigation in Jharkhand. Soren, however, maintained that the car did not belong to him or his family and had never been used by them.
Appeal by Registered Owner
The appeal was filed by Bhagwandas Holdings Pvt. Ltd. (BHPL), the registered owner of the vehicle. Represented by advocates Rajesh Inamdar, Rohit Sharma, and Shashwat Anand, the company argued that neither it nor its directors were named as accused in the Enforcement Case Information Report (ECIR) or the prosecution complaint.
Counsel stressed that the vehicle had not been shown to constitute “proceeds of crime,” a prerequisite for retention under the PMLA. They pointed out that even after more than 19 months of investigation, the ED had failed to establish any link between the BMW X7 and the alleged laundering activities.
ED’s Stand
The ED, through advocate Himanshu Jain, opposed the appeal, insisting that the investigation was still active and the car could eventually be found connected to illicit assets. The agency cautioned that releasing the car prematurely might compromise the ongoing probe. However, it did not produce specific material directly linking the vehicle to the case.
Tribunal’s Ruling
After considering submissions from both sides, the Tribunal ruled in favor of BHPL. It held that the continued seizure of the BMW X7 was unjustified in the absence of credible evidence connecting it to the proceeds of crime. The Tribunal emphasized that under the PMLA, confiscations cannot rest on conjecture and must be backed by concrete proof.
The order directed the ED to release the car within six weeks but kept the door open for future action should new incriminating evidence come to light.
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