Concessional penalty for search-disclosed unreconciled jewellery applies where substantive disclosure conditions are met despite omission from origina...
Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
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PMLA adjudication permits a single-member Adjudicating Authority constituted by its Chairperson to include a non-judicial member, because attachment scrutiny does not transfer High Court functions and appellate review remains available. Provisional attachment requires recorded reasons to believe that non-attachment may frustrate proceedings; factual challenges to that satisfaction lie through the statutory appellate process. The Adjudicating Authority must independently record reasons to believe that a person possesses proceeds of crime before issuing notice. Properties acquired before the scheduled offence may also be attached in proceeds-of-crime proceedings. Challenges to the single-member order, attachment reasons, independent satisfaction and pre-offence property attachment were rejected in writ jurisdiction.
PMLA adjudication permits a single-member Adjudicating Authority constituted by its Chairperson to include a non-judicial member, because attachment scrutiny does not transfer High Court functions and appellate review remains available. Provisional attachment requires recorded reasons to believe that non-attachment may frustrate proceedings; factual challenges to that satisfaction lie through the statutory appellate process. The Adjudicating Authority must independently record reasons to believe that a person possesses proceeds of crime before issuing notice. Properties acquired before the scheduled offence may also be attached in proceeds-of-crime proceedings. Challenges to the single-member order, attachment reasons, independent satisfaction and pre-offence property attachment were rejected in writ jurisdiction.
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