The notification GSR 383(E) dated 19.04.2018 amended the ...

Prosecution complaint filed within amended 90-day limit, validating continued property attachment despite substantive law change.

Case Laws Money Laundering

October 10, 2024

The notification GSR 383(E) dated 19.04.2018 amended the relevant clause, which came into effect on the date of publication. Consequently, the Directorate had 90 days from 19.04.2018 to file the prosecution complaint. The prosecution complaint was filed on 16.07.2018, within the limitation period of 90 days. The Supreme Court clarified that a subsequent amendment is considered clarificatory and applied retrospectively only when the pre-amended law was vague or ambiguous, making interpretation impossible without the amendment. However, no such difficulty existed in interpreting the PMLA, 2002, making the amendment substantive and prospective. Procedural amendments apply retrospectively to actions after the date they come into force, even if the claim is of an anterior date. Since the Directorate complied with the amended law by filing the prosecution complaint within 90 days of 19.04.2018, the continued attachment of properties during the pendency is valid.

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The notification GSR 383(E) dated 19.04.2018 amended the ...

Prosecution complaint filed within amended 90-day limit, validating continued property attachment despite substantive law change.

Case Laws Money Laundering

October 10, 2024

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