Attachment of Pre Offence Mortgaged Property remains possible under PMLA; secured creditors may pursue statutory claim and seek auction with undertaki...
Provisional attachment under the Prevention of Money Laundering Act was confirmed where seized institutional records, mark sheet registers and corroborative documentary information established large scale issuance of forged degrees and diversion of funds as proceeds of crime; appellants served notice under section 8(1) failed to satisfactorily disclose legitimate sources for attached movable and immovable properties, so the attachment was sustained. The absence of recovery of individual forged degree certificates did not negate the seizure-based foundation for attachment. Documents filed in rejoinder amounted to new evidence and were inadmissible without formal application and Tribunal permission; appeals dismissed.
Provisional attachment under the Prevention of Money Laundering Act was confirmed where seized institutional records, mark sheet registers and corroborative documentary information established large scale issuance of forged degrees and diversion of funds as proceeds of crime; appellants served notice under section 8(1) failed to satisfactorily disclose legitimate sources for attached movable and immovable properties, so the attachment was sustained. The absence of recovery of individual forged degree certificates did not negate the seizure-based foundation for attachment. Documents filed in rejoinder amounted to new evidence and were inadmissible without formal application and Tribunal permission; appeals dismissed.
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