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    <title>2025 (10) TMI 122 - APPELLATE TRIBUNAL UNDER SAFEMA AT NEW DELHI</title>
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    <description>Under the Prevention of Money Laundering Act, the Enforcement Directorate need not re-investigate the predicate offence and may rely on the FIR and police report to examine whether proceeds of crime exist and are being concealed, layered or dealt with unlawfully. Properties acquired before the Act or before insertion of the scheduled offence may still be attached if they represent proceeds of crime or their equivalent value, especially where the tainted asset is not traceable. Provisional attachment was upheld as compliant with Section 5(1), including the second proviso, because material supported a reason to believe that the assets were illicit and likely to be alienated. Discharge in the predicate offence did not require release of the attached properties.</description>
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      <link>https://www.taxtmi.com/caselaws?id=779326</link>
      <description>Under the Prevention of Money Laundering Act, the Enforcement Directorate need not re-investigate the predicate offence and may rely on the FIR and police report to examine whether proceeds of crime exist and are being concealed, layered or dealt with unlawfully. Properties acquired before the Act or before insertion of the scheduled offence may still be attached if they represent proceeds of crime or their equivalent value, especially where the tainted asset is not traceable. Provisional attachment was upheld as compliant with Section 5(1), including the second proviso, because material supported a reason to believe that the assets were illicit and likely to be alienated. Discharge in the predicate offence did not require release of the attached properties.</description>
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