Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Frozen bank accounts cannot be retained under the PMLA unless foundational facts first show the existence of proceeds of crime and the account holder's link with the alleged laundering activity. The Tribunal found no material that the frozen funds were proceeds of crime or that the appellant was named in, or connected to, the predicate copyright offence; assertions of relationship, investment, or online betting were insufficient, and the burden could not shift on the Directorate's bare claim. It also held that continued freezing could not rest merely on an ongoing investigation without a reasoned finding that the property was involved in money-laundering. The retention order was therefore set aside.
Frozen bank accounts cannot be retained under the PMLA unless foundational facts first show the existence of proceeds of crime and the account holder's link with the alleged laundering activity. The Tribunal found no material that the frozen funds were proceeds of crime or that the appellant was named in, or connected to, the predicate copyright offence; assertions of relationship, investment, or online betting were insufficient, and the burden could not shift on the Directorate's bare claim. It also held that continued freezing could not rest merely on an ongoing investigation without a reasoned finding that the property was involved in money-laundering. The retention order was therefore set aside.
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