The AT upheld the Provisional Attachment Order against appellant ...

Provisional Attachment Order Upheld Against Appellant for Illegal Foreign Remittances Using Fraudulent Import Documentation Under PMLA Section 8(1)

March 8, 2025

Case Laws     Money Laundering     AT

The AT upheld the Provisional Attachment Order against appellant who facilitated illegal foreign remittances to Hong Kong using fraudulent import documentation. The appellant failed to discharge the burden of proof under s.8(1) of PMLA to demonstrate legitimate sources for the attached property, offering only unsubstantiated assertions. The tribunal affirmed that money laundering constitutes a continuing offense, and its prosecution applies regardless of when the predicate offense occurred. The AT rejected the appellant's arguments regarding retrospective application and procedural defects in non-communication of reasons for attachment. The tribunal concluded the attached properties were correctly identified as proceeds of crime or their equivalent value, and dismissed the appeal.

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