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PMLA - Highlights / Catch Notes

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HC affirmed ED's authority to conduct search, seizure, and ...


Supreme Court Upholds ED's Search and Seizure Powers Under FEMA and PMLA, Emphasizes Limited Judicial Intervention During Investigations.

January 24, 2025

Case Laws     Money Laundering     HC

HC affirmed ED's authority to conduct search, seizure, and account freezing operations under FEMA 1999 and PMLA 2002. Court held that interference during investigation stage is warranted only in exceptional circumstances, as law enforcement requires both coercive and covert techniques. ED demonstrated reasonable belief of proceeds of crime, provided proper documentation during search, and followed procedural requirements. Statutory safeguards exist through Adjudicating Authority review within 30 days of attachment order, with stakeholder participation rights and appeal provisions to Appellate Tribunal. Court declined to intervene, directing petitioners to pursue remedies through established administrative mechanisms under the Acts.

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