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Writ jurisdiction against provisional attachment under the PMLA should be exercised sparingly where an efficacious statutory remedy exists, unless mala fides, patent arbitrariness or manifest lack of jurisdiction is clearly shown. The notes state that FIRs disclosing cheating as a scheduled offence, coupled with statutory reporting to jurisdictional police, can support provisional attachment; a pre-registered criminal case is not indispensable if the prescribed reporting process is followed. Disputes over advertising revenue attributable to users outside India concern quantification of alleged proceeds of crime and disputed facts, and should be addressed through the PMLA adjudicatory mechanism. The writ petition was dismissed, with rights and contentions reserved for statutory proceedings.
Writ jurisdiction against provisional attachment under the PMLA should be exercised sparingly where an efficacious statutory remedy exists, unless mala fides, patent arbitrariness or manifest lack of jurisdiction is clearly shown. The notes state that FIRs disclosing cheating as a scheduled offence, coupled with statutory reporting to jurisdictional police, can support provisional attachment; a pre-registered criminal case is not indispensable if the prescribed reporting process is followed. Disputes over advertising revenue attributable to users outside India concern quantification of alleged proceeds of crime and disputed facts, and should be addressed through the PMLA adjudicatory mechanism. The writ petition was dismissed, with rights and contentions reserved for statutory proceedings.
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