Provisional Attachment Order - Money Laundering - proceeds of ...

Case Laws     Money Laundering

February 10, 2024

Provisional Attachment Order - Money Laundering - proceeds of crime - Petitioner being Housewife - The High Court held that, The present case is not a case of patent lack of jurisdiction. The Adjudicating Authority has the power to look into the facts of the case of the Petitioner before coming to a conclusion as to whether the properties in question are proceeds of crime or not. - The HC further held that, Merely because proceedings have been dropped against some individuals does not mean that the proceedings against the Petitioner should or will be dropped. The offences under the PMLA Act are distinct from offences under the IPC. The companies can still be convicted for the predicate offence and the Petitioner can be prosecuted under the PMLA Act.

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