Provisional Attachment under PMLA upheld where confirmation met the 180 day requirement and attachment was by authorised officer.

Whether the Adjudicating Authority correctly confirmed a Provisional Attachment Order under the Prevention of Money Laundering Act: the Tribunal assessed legal propriety and timing rather than re appreciating incriminating evidence, reviewing whether confirmation occurred within the statutory 180 day period and whether an authorised officer effected attachment; on the material showing statements under Section 50 and transactional links to demonetised currency the Tribunal found the confirmation timely and the attachment validly effected, and dismissed the appeals accordingly.

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Issues: Whether the Adjudicating Authority correctly confirmed the Provisional Attachment Order dated 31.03.2017 under the Prevention of Money Laundering Act, 2002.

Analysis: The appeals challenge the confirmation of the ED's Provisional Attachment Order dated 31.03.2017. The Tribunal examined whether the confirmation was made within the statutory period and whether the attachment was properly effected by an authorised officer; the Tribunal noted the investigative material, statements recorded under Section 50 of PMLA and related records indicating deposit of demonetised currency and transfers among accounts controlled by the appellants. The Tribunal refrained from re-appreciating incriminating evidence where criminal charges have been framed, and proceeded to assess only the legal propriety and timing of confirmation of the PAO and the authority of the officer effecting attachment.

Conclusion: The Tribunal held that the Provisional Attachment Order dated 31.03.2017 was validly confirmed within 180 days and that the attachment was effected by the authorised officer; the appeals are therefore dismissed in favour of the respondent.

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