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The AT dismissed the appeal, affirming the attachment of properties under PMLA against the appellant, a public servant accused of possessing disproportionate assets. The tribunal held that the ED is not mandated to conduct an independent investigation into the predicate offence, as its role is limited to identifying any obvious flaws in the police/CBI investigation. The attachment complied with the conditions under the second proviso of Section 5(1), considering the appellant's failure to substantiate additional income and the risk of asset alienation. The contention that assets acquired from legal sources cannot be attached was rejected, as illicit funds can be laundered through legal channels. The ED's attachment was proportionate and limited to a fraction of the alleged disproportionate assets, with further attachments pending. The decision upheld the ED's authority and procedural compliance under PMLA, dismissing the appellant's challenge.
The AT dismissed the appeal, affirming the attachment of properties under PMLA against the appellant, a public servant accused of possessing disproportionate assets. The tribunal held that the ED is not mandated to conduct an independent investigation into the predicate offence, as its role is limited to identifying any obvious flaws in the police/CBI investigation. The attachment complied with the conditions under the second proviso of Section 5(1), considering the appellant's failure to substantiate additional income and the risk of asset alienation. The contention that assets acquired from legal sources cannot be attached was rejected, as illicit funds can be laundered through legal channels. The ED's attachment was proportionate and limited to a fraction of the alleged disproportionate assets, with further attachments pending. The decision upheld the ED's authority and procedural compliance under PMLA, dismissing the appellant's challenge.
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