FOB transaction value and export incentives: customs valuation cannot override contractual export benefits or support confiscation without valid proof...
Provisional attachment under the PMLA is an interim protective measure to preserve property for possible confiscation and may be confirmed even where the seized currency/FDR is held in custody by a trial court; mere custody does not preclude confirmation and legally entitled persons may claim return if acquitted. Registration of FIR, filing of charge-sheet and corroborative materials (voluntary disclosures, recorded conversations) furnish prima facie 'reason to believe' supporting attachment. The respondents' plea that seized cash were sale proceeds is an issue for trial and does not defeat confirmation. The provisional attachment was confirmed without prejudice to criminal trial rights.
Provisional attachment under the PMLA is an interim protective measure to preserve property for possible confiscation and may be confirmed even where the seized currency/FDR is held in custody by a trial court; mere custody does not preclude confirmation and legally entitled persons may claim return if acquitted. Registration of FIR, filing of charge-sheet and corroborative materials (voluntary disclosures, recorded conversations) furnish prima facie 'reason to believe' supporting attachment. The respondents' plea that seized cash were sale proceeds is an issue for trial and does not defeat confirmation. The provisional attachment was confirmed without prejudice to criminal trial rights.
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