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PMLA provisional attachment challenges should ordinarily proceed through the statutory adjudicatory framework: the Adjudicating Authority examines the attachment after hearing the affected person, followed by appeals to the Appellate Tribunal and High Court. Availability of an alternative remedy does not bar writ jurisdiction, but a writ petition will generally not be entertained where that remedy is efficacious and no exceptional circumstance, such as patent lack of jurisdiction, breach of natural justice or statutory violation, is shown. Objections on proceeds of crime, jurisdiction and attachment validity may be raised before the statutory forum. The writ petition was dismissed as not maintainable, with liberty to pursue PMLA remedies.
PMLA provisional attachment challenges should ordinarily proceed through the statutory adjudicatory framework: the Adjudicating Authority examines the attachment after hearing the affected person, followed by appeals to the Appellate Tribunal and High Court. Availability of an alternative remedy does not bar writ jurisdiction, but a writ petition will generally not be entertained where that remedy is efficacious and no exceptional circumstance, such as patent lack of jurisdiction, breach of natural justice or statutory violation, is shown. Objections on proceeds of crime, jurisdiction and attachment validity may be raised before the statutory forum. The writ petition was dismissed as not maintainable, with liberty to pursue PMLA remedies.
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