Whether the appellant was a 'recipient of proceeds of crime' so...

Whether the appellant was a "recipient of proceeds of crime" so as to justify provisional attachment was decided against the enforcement agency. Salary credited to the appellant was held not to constitute proceeds of crime because her appointment order and other documentary records substantiated genuine employment, and uncorroborated oral assertions could not override such documents; hence attachment on that basis failed. Alleged receipt of large sums from a company was rejected since documentary material and bank records supported the appellant's explanation that the funds were returned on cancellation of a villa booking; hence that allegation failed. Amounts received as advance forfeiture were supported by the agreement and income-tax return evidencing tax payment, negating proceeds-of-crime characterization; therefore the provisional attachment and its confirmation were set aside and the appeal was allowed - AT

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