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PMLA - Highlights / Catch Notes

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Validity of provisional attachment order challenged - petitioner ...


Property owner's rights upheld. Provisional attachment quashed for lack of notice, violating natural justice. Duty to issue notice before confirming attachment.

Case Laws     Money Laundering

July 24, 2024

Validity of provisional attachment order challenged - petitioner lawful owner of property - no notice issued violating natural justice principles - duty on Adjudicating Authority to issue notice before confirming provisional attachment - absence of notice violates mandatory requirements of serving provisional attachment order and prior show cause notice - attachment without notice to lawful owner cannot be legally sustained - coordinate bench precedent setting aside attachment in similar situation - impugned provisional attachment order quashed as petitioner purchased property before attachment and was in peaceful possession - petition allowed.

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