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Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
Registration of an ECIR under the PML Act is not automatic on the existence of a predicate offence; the authorised officer must form and record reasons to believe, on the basis of materials in possession, that proceeds of crime exist and Section 3 is attracted. An ECIR is an internal document and the statutory decision to initiate proceedings lies with the Enforcement Directorate, so a High Court cannot compel registration merely because a predicate offence appears to exist prima facie. The writ petition seeking such a direction was dismissed, leaving initiation of proceedings to the Enforcement Directorate's independent satisfaction.
Registration of an ECIR under the PML Act is not automatic on the existence of a predicate offence; the authorised officer must form and record reasons to believe, on the basis of materials in possession, that proceeds of crime exist and Section 3 is attracted. An ECIR is an internal document and the statutory decision to initiate proceedings lies with the Enforcement Directorate, so a High Court cannot compel registration merely because a predicate offence appears to exist prima facie. The writ petition seeking such a direction was dismissed, leaving initiation of proceedings to the Enforcement Directorate's independent satisfaction.
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