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Supreme Court of India · 06/02/2026

M/S. NAV NIRMAN BUILDERS & DEVELOPERS PVT. LTD. THROUGH ITS MANAGING DIRECTOR, NAVEEN SINGH versus THE UNION OF INDIA THROUGH DEPUTY DIRECTOR, DIRECTORATE OF ENFORCEMENT, GOVT OF INDIA RANCHI, JHARKHAND

[2026] 2 S.C.R. 406 · 2026 INSC 130

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Summary

The Court interpreted Section 8 of the PMLA and held that the Special Court cannot decide an application for confiscation under Section 8(7) while an appeal against the Adjudicating Authority's confirmation order under Section 8(3) is pending; the confirmation order must first become final. The confiscation order passed during the pendency of the appellant's appeal was set aside and the appeal before the Appellate Tribunal was restored. The appellant's restoration claim under Section 8(8) was held not maintainable.

Issues

  1. Whether the Special Court can decide an application under Section 8(7) of the PMLA while an appeal against the confirmation order under Section 8(3) is pending before the Appellate Tribunal.
  2. The scope of the expression 'material before it' in Section 8(7) of the PMLA.
  3. Who may claim restoration of property under Section 8(8) of the PMLA and its second proviso, and whether the appellant qualified.

Provisions considered

Held

Result

Appeal allowed. The Special Court's order allowing the Section 8(7) application, as affirmed by the High Court, was set aside, and the appellant's Section 8(8) application was held not maintainable. The Appellate Tribunal was directed to restore the Section 26 appeal and decide it on merits within four weeks, and the Section 8(7) application is to be kept pending until the challenge to the Section 8(3) order is decided. The Court's factual observations are prima facie.

Judgment PDF: Supreme Court of India, [2026] 2 S.C.R. 406.