Bombay High Court

Bombay HC Lifts ₹25-Crore Property Attachment In Bhosale Case, Finds No Link To Alleged YES Bank-DHFL Proceeds Of Crime

Avinash Bhosale And Ors vs Directorate Of Enforcement

Bombay High CourtJUDGMENT: October 21, 20262 MIN READSOURCE JUDGMENT
Bombay HC Lifts ₹25-Crore Property Attachment In Bhosale Case, Finds No Link To Alleged YES Bank-DHFL Proceeds Of Crime. Avinash Bhosale And Ors vs Directorate Of Enforcement. Bombay High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The appeals arose from an Appellate Tribunal order dated 1 April 2026 continuing provisional attachment up to ₹25 crore: land held by Samit Realty in Pune, valued at ₹14.65 crore, and land held by Gauri Bhosale in Nagpur, valued at approximately ₹15.53 crore

Source reference: p. 3, paras. 1–2

The Bhosales and Samit Realty appealed against the continuation of attachment; the Directorate of Enforcement (ED) cross-appealed against the Tribunal’s decision releasing other attached properties

Source reference: p. 3, para. 3

The ED’s case concerned alleged proceeds of crime connected to Yes Bank’s investments and lending to DHFL, and alleged payments to entities associated with Avinash Bhosale

Source reference: pp. 4, 7–9, paras. 5, 11–18
02

Issues

Whether the alleged Yes Bank–DHFL transactions and subsequent payments to entities associated with Avinash Bhosale could constitute proceeds of crime or money-laundering under the PMLA

Source reference: pp. 5–10, paras. 8–21

Whether the provisional attachment of the Pune and Nagpur properties could be continued on the material before the Tribunal

Source reference: pp. 3, 10–11, paras. 2, 22–24
03

Law Applied

The Court applied Section 2(u) of the Prevention of Money-Laundering Act, 2002 (PMLA), under which “proceeds of crime” includes property derived or obtained, directly or indirectly, as a result of criminal activity relating to a scheduled offence; Sections 2(1)(y) and 3, which respectively define “scheduled offence” and the offence of money-laundering

Source reference: pp. 4–6, paras. 6–9

The Court reasoned that property must be connected to criminal activity relating to a scheduled offence to qualify as proceeds of crime, and that a lawful banking or commercial transaction cannot, without an established criminal nexus, be treated as proceeds of crime

Source reference: pp. 6, 8–10, paras. 9–10, 17–20

The appeal concerned an order of the Appellate Tribunal under SAFEMA

Source reference: p. 3, para. 1
04

Reasoning

The Court found no demonstrated connection between the payments to Bhosale-associated entities and the alleged Yes Bank disbursements. It noted that repayments under the debenture subscription agreements arose from agreements made in 2014, before the alleged 2018 disbursements, and found no basis for treating ₹67.85 crore as proceeds of crime

Source reference: p. 7, paras. 12–14

It similarly held that consultancy payments made before the 12 April 2018 loan disbursement could not be linked to those proceeds, and that a later balance payment under the 2016 dairy-business sale agreement did not, by itself, establish such a link

Source reference: pp. 8–9, paras. 15–18

The Court further considered the Yes Bank–DHFL transactions to be official banking transactions and found no cogent material supporting the ED’s allegation that a subsequent ₹600 crore loan was a kickback

Source reference: pp. 9–10, paras. 19–21

In the absence of a sufficient nexus between the transactions and proceeds of crime, it found no basis to continue the attachment

Source reference: pp. 10–11, paras. 22–24
05

Holding

The Court allowed Criminal Appeal No. 478 of 2026 in terms of prayer clause (a) and dismissed the ED’s Criminal Appeal No. 816 of 2026

It concluded that the transactions in issue could not, on the material presented, be treated as proceeds of crime and that there was no basis to continue attachment of the two properties

Source reference: p. 11, paras. 23–24
06

Acts & Sections Cited

2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Prevention of Money-Laundering Act, 20022

Bombay High Court

Original Court PDF

Avinash Bhosale And OrsvsDirectorate Of Enforcement

Bombay High Court · October 21, 2026

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