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PMLA - Highlights / Catch Notes

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Respondents initiated action under Prevention of Money ...


Illegal sand mining suspicion alone can't trigger PMLA attachment. Scheduled offence case & proceeds determination mandatory.

July 20, 2024

Case Laws     Money Laundering     HC

Respondents initiated action under Prevention of Money Laundering Act (PMLA) based on alleged illegal sand mining generating proceeds of crime, without specifying scheduled offence investigated by other agency or determining actual proceeds. Court held respondents cannot assume jurisdiction under PMLA and attach properties in absence of registered case for scheduled offence resulting in proceeds of crime dealt with by petitioners. Mere suspicion of illegal money generation from illegal mining is insufficient. Provisional Attachment Orders quashed as respondents lacked jurisdiction to initiate PMLA action.

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