Have you decided on confiscating lottery baron Martin’s property, Madras HC asks ED
Martin also submitted that he mistakenly sold two attached properties worth Rs 70 lakh in 2021, and said he had filed two petitions stating that he was ready to provide fixed deposit for the amount
Madras High Court
CHENNAI: The Madras High Court asked the Directorate of Enforcement to submit whether it has decided to issue a notice to lottery baron Santiago Martin to confiscate his attached properties.
When Martin’s appeal came for hearing before a division bench of Justice R Suresh Kumar and Justice AD Maria Clete, his counsel cited a Supreme Court judgment to contend that taking possession of property under section 8 (4) of PMLA should only be a constructive possession instead of physical possession, as it is highly prejudicial for the accused. He also argued that Article 300A of the Constitution restricts executives from taking possession of property without law.
Martin also submitted that he mistakenly sold two attached properties worth Rs 70 lakh in 2021, and said he had filed two petitions stating that he was ready to provide fixed deposit for the amount.
Opposing the contentions, special public prosecutor N Ramesh said ED has the power to take possession of attached or frozen properties under PMLA. The agency would initiate the process only after issuing notice and providing adequate opportunity to the accused to put forth his version, he added.
It has not yet decided to issue notice to Martin on taking possession of the attached properties, he said, terming the plea as unnecessary. The bench then directed ED to submit whether it has decided to issue notice to Martin and posted the matter to March 4.
On February 3, 2014, the CBI Cochin unit filed a charge sheet against Martin alleging that he cheated and caused a huge loss to the Sikkim government by acting in violation of the Lotteries (Regulation) Act of 1998, and the Lotteries (Regulation) Rules, 2010.
Later, the ED registered an Enforcement Case Information Report (ECIR) on August 19, 2014, alleging that Martin committed money laundering and attached several of his properties, including in Tamil Nadu.
Challenging the provisional attachment orders, Martin moved an appeal, but the Appellate Tribunal, Delhi dismissed it on July 8, 2024. He then moved the Madras High Court, as the properties attached are under its jurisdiction.
