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    <title>2022 (9) TMI 1287 - TELANGANA HIGH COURT</title>
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    <description>Provisional attachment under the Prevention of Money Laundering Act was held unsustainable where the attaching and adjudicating authorities failed to independently record a written reason to believe based on relevant material showing proceeds of crime and the risk of concealment or frustration of confiscation. A mere repetition of statutory language, without application of mind, was treated as a jurisdictional defect, rendering the attachment order, show-cause notice, and confirmation invalid. The Telangana HC further noted that, once the appellate forum found the attachment fundamentally defective, it could not defer relief by directing recourse to the Special Court at a pre-trial stage. The attachment was directed to be lifted and the property released.</description>
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      <link>https://www.taxtmi.com/caselaws?id=428342</link>
      <description>Provisional attachment under the Prevention of Money Laundering Act was held unsustainable where the attaching and adjudicating authorities failed to independently record a written reason to believe based on relevant material showing proceeds of crime and the risk of concealment or frustration of confiscation. A mere repetition of statutory language, without application of mind, was treated as a jurisdictional defect, rendering the attachment order, show-cause notice, and confirmation invalid. The Telangana HC further noted that, once the appellate forum found the attachment fundamentally defective, it could not defer relief by directing recourse to the Special Court at a pre-trial stage. The attachment was directed to be lifted and the property released.</description>
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