Kerala High Court dismisses appeal by Santiago Martin in lottery scam case

Kochia Division Bench of Kerala higgh Court dismissed appeal of Santiago Martin, distributor of Sikkim and other State lotteries, against single judge's order dismissing his petition challenging attachment of his properties by ED in fraud case. Bench observed adjudicating authority to examine issues & pass orders, and expected cooperation for early adjudication of complaint under PMLA Act.

A Division Bench of the Kerala High Court on September 21 dismissed an appeal filed by Santiago Martin, distributor of Sikkim and other State lotteries, against a single judge’s order dismissing his petition challenging the attachment of his properties by the Directorate of Enforcement (ED) in a case registered for fraudulent sale of Sikkim lotteries in Kerala.

The Bench comprising Chief Justice A.J. Desai and Justice V.G. Arun observed that it was undisputed that a complaint under Section 5(5) of the Prevention of Money Laundering Act (PMLA) had already been made by the petitioner before the adjudicating authority, and notices had already been issued. When the adjudicating authority was going to examine all the issues and pass appropriate orders, “we do not find any justifiable reason to reconsider the same, that too, in this intra-court appeal,” the judges added.

It was expected that with the cooperation of all concerned, the adjudicating authority shall adjudicate the complaint filed under Section 5(5) of the PMLA Act at the earliest, the court observed.