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Provisional attachment, seizure, retention and freezing under the Prevention of Money Laundering Act cannot be sustained by relying on subsequent FIRs that were not part of the original proceedings. The original FIR alone formed the basis of the Provisional Attachment Orders, recorded Reasons to Believe, Original Complaints and Original Applications, and it no longer survived. Although subsequent FIRs were incorporated through an addendum to the ECIR and could disclose predicate offences, they could not validate the original attachment proceedings through later prosecution material. The confirmation orders were set aside; subsequent FIRs could support separate action after investigation.
Provisional attachment, seizure, retention and freezing under the Prevention of Money Laundering Act cannot be sustained by relying on subsequent FIRs that were not part of the original proceedings. The original FIR alone formed the basis of the Provisional Attachment Orders, recorded Reasons to Believe, Original Complaints and Original Applications, and it no longer survived. Although subsequent FIRs were incorporated through an addendum to the ECIR and could disclose predicate offences, they could not validate the original attachment proceedings through later prosecution material. The confirmation orders were set aside; subsequent FIRs could support separate action after investigation.
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