HC invalidated search and seizure operations conducted at ...

Joint Director's PMLA Search Order Invalid: Mere Suspicion Without Evidence Fails "Reason to Believe" Test Under Section 17(1)

February 7, 2025

Case Laws Money Laundering HC

HC invalidated search and seizure operations conducted at petitioner's residence under PMLA, 2002. Court held that mere suspicion of money laundering without substantive evidence violates statutory procedural safeguards. Despite proper authorization from Joint Director, the search lacked "reason to believe" standard required under Section 17(1). No prima facie evidence established petitioner's involvement in predicate offense of illegal site allotments during MUDA commissioner tenure. Subsequent summons under Section 50 and recorded statements were quashed as they stemmed from illegal search. Court emphasized protection of liberty and privacy rights under Article 21, granting petitioner liberty to pursue action under Section 62 PMLA for vexatious search.

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HC invalidated search and seizure operations conducted at ...

Joint Director's PMLA Search Order Invalid: Mere Suspicion Without Evidence Fails "Reason to Believe" Test Under Section 17(1)

February 7, 2025

Case Laws Money Laundering HC

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