Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Challenge to seizure and retention of cash during search was considered on three dominant issues: whether a predicate offence for money laundering existed, whether reasons to believe and relied documents were furnished, and whether recorded admissions and bank/cash ledgers substantiated source of funds. The Tribunal concluded that the FIRs and investigations disclosed offences underpinning a predicate offence, that the reasons to believe and relied documents were served to the appellants, and that the appellants' explanations failed in view of withdrawal patterns, ledger entries, bank records described as licence receipts and recorded admissions; accordingly seizure and retention were upheld pending trial.
Challenge to seizure and retention of cash during search was considered on three dominant issues: whether a predicate offence for money laundering existed, whether reasons to believe and relied documents were furnished, and whether recorded admissions and bank/cash ledgers substantiated source of funds. The Tribunal concluded that the FIRs and investigations disclosed offences underpinning a predicate offence, that the reasons to believe and relied documents were served to the appellants, and that the appellants' explanations failed in view of withdrawal patterns, ledger entries, bank records described as licence receipts and recorded admissions; accordingly seizure and retention were upheld pending trial.
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