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The AT dismissed the appeal challenging provisional attachment orders under PMLA. The tribunal held that attachment remains valid despite absence of prosecution complaint at confirmation time. Regarding the 90-day filing requirement, the AT determined the statutory timeline commenced from the amendment's effective date (19.04.2018) rather than the original order date (12.03.2018). Since the prosecution complaint was filed within this period, attachment did not lapse. The tribunal further ruled that properties can be attached from persons not accused in predicate offences, citing Supreme Court precedent in Vijay Madanlal Choudhary establishing that PMLA permits attachment of proceeds of crime regardless of whose possession they are in, supporting the legislation's objective to combat money laundering.
The AT dismissed the appeal challenging provisional attachment orders under PMLA. The tribunal held that attachment remains valid despite absence of prosecution complaint at confirmation time. Regarding the 90-day filing requirement, the AT determined the statutory timeline commenced from the amendment's effective date (19.04.2018) rather than the original order date (12.03.2018). Since the prosecution complaint was filed within this period, attachment did not lapse. The tribunal further ruled that properties can be attached from persons not accused in predicate offences, citing Supreme Court precedent in Vijay Madanlal Choudhary establishing that PMLA permits attachment of proceeds of crime regardless of whose possession they are in, supporting the legislation's objective to combat money laundering.
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