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        Money Laundering

        2021 (4) TMI 283 - HC - Money Laundering

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        Provisional attachment under money laundering law: interim protection refused while writ challenge and show cause notice proceed. Interim protection in a writ petition challenging provisional attachment proceedings and a show cause notice under the Prevention of Money Laundering Act, ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Provisional attachment under money laundering law: interim protection refused while writ challenge and show cause notice proceed.

                            Interim protection in a writ petition challenging provisional attachment proceedings and a show cause notice under the Prevention of Money Laundering Act, 2002 was declined because the attachment was only provisional, the notice had already been issued, and no interim relief had been granted in the connected matter arising from the same facts. The petitioner's objections based on the alleged absence of scheduled predicate offences and alleged inadequacy of reasons in the attachment order were noted, but the court directed the respondents to file a counter affidavit, permitted a rejoinder, and listed the matter for admission and final disposal with the connected appeal.




                            Issues: Whether interim protection should be granted in a writ petition challenging provisional attachment proceedings and the accompanying show cause notice under the Prevention of Money Laundering Act, 2002.

                            Analysis: The petitioner sought quashing of the complaint, provisional attachment order, and show cause notice on the basis that the alleged predicate offences were not scheduled offences and that the attachment order lacked adequate reasons. The opposing side relied on the statutory scheme of the Prevention of Money Laundering Act, 2002, the correspondence clause in Section 2(2), and the continuing nature of money laundering, and also pointed out that only a provisional attachment and a show cause notice were in issue at this stage. The order noted that the attachment was provisional, the notice had already been issued, and that no interim protection had been granted in the connected matter arising from the same factual matrix.

                            Outcome: No interim order was granted. The respondents were directed to file a counter affidavit within three weeks and the petitioner was permitted one week thereafter to file a rejoinder. The matter was listed for admission and final disposal along with the connected appeal.


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                            ActsIncome Tax
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