Prima facie proceeds-of-crime linkage sustained provisional attachment, with protection granted against physical possession.

Provisional attachment under the Prevention of Money-Laundering Act was found sustainable where the record showed a prima facie link between the attached properties and alleged proceeds of crime through inflated demolition bills, fund transfers to entities connected with the appellant, and cash withdrawals. The Tribunal noted the appellant's role in the investigation, the acquisition of the properties during the relevant period, the delay in the attachment order, and the absence of action against the contractor company, but held that the attachment could not be lifted at that stage. The attachment was upheld, while the respondent was restrained from taking physical possession of the attached properties.

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Issues: Whether the provisional attachment of the appellant's properties under the Prevention of Money-Laundering Act, 2002 was liable to be interfered with, and whether the appellant was entitled to relief against physical possession of the attached properties.

Analysis: The material on record showed that the complaint and investigation related to inflated demolition bills, the flow of funds from the contractor's account into entities connected with the appellant, and the use of those entities to withdraw amounts in cash. The Tribunal noted that the appellant's role was examined in the PMLA investigation and that the attached properties were acquired during the relevant period, but also noticed the delay in passing the provisional attachment order and the absence of action against the contractor company. On the record before it, the Tribunal found that the attachment could not be lifted at that stage.

Conclusion: The attachment was upheld, but the respondent was restrained from taking physical possession of the attached properties.

Ratio Decidendi: Where the record discloses a prima facie linkage between the attached properties and the alleged proceeds of crime, the attachment may continue even if limited protection is granted against physical possession.

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