Nedumparath v R (MA 07/2017 (Arising in CO 19/2017)) [2017] SCSC 916 (23 August 2017)

Nedumparath v R (MA 07/2017 (Arising in CO 19/2017)) [2017] SCSC 916 (23 August 2017)

The money was seized for the purpose of investigation in this case, investigations have concluded, the money is not required for prosecution, and no charge has been levelled against the company in respect of the money; therefore, there is no reason for the money to be retained and it must be returned.

Source-derived case information.

Citation
[2017] SCSC 916
Parties
Applicant: Shinu Joseph Nedumparath; Respondent: The Republic; Accused Company: GCC Exchange (Seychelles) Limited
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
23 August 2017
Case Number
MA 07/2017 (Arising in CO 19/2017)
Procedural Posture
Criminal Motion / Ruling on Motion
Outcome
application granted
Legal Topics
Return of Seized Property, Search and Seizure, Money Laundering, Criminal Procedure
Source Language
english
Criminal Law Anti Money Laundering Return of Seized Property Search and Seizure Money Laundering Criminal Procedure

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Parties

Shinu Joseph Nedumparath

Applicant

The Republic

Respondent

GCC Exchange (Seychelles) Limited

Accused Company

Procedural Posture

Criminal Motion / Ruling on Motion

Legal Issues

  1. 1 Whether the money seized under warrant should be returned to the accused company
  2. 2 Whether the applicant was competent to swear the affidavit in support of the motion
  3. 3 Whether the continued detention of the money is lawful

Ratio Decidendi

The money was seized for the purpose of investigation in this case, investigations have concluded, the money is not required for prosecution, and no charge has been levelled against the company in respect of the money; therefore, there is no reason for the money to be retained and it must be returned.

Court Disposition

application granted

Orders

  • The sums of Euro 308,650 and US $385,620 seized under warrant dated 14th March, 2017 and kept at the Central Bank Building be returned forthwith to GCC Exchange (Seychelles) Proprietary Limited at Capital City Building in Victoria, Mahe.