2022 (3) TMI 497

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.... Siddhartha Dave, Sr. Adv., Mr. Indrajit Sinha, Adv., Ms. Anusuya Sadhu Sinha, Adv., Mr. Shubhankar, Adv. and Ms. Pallavi Pratap, AOR. For Respondent : None. ORDER This special leave petition takes exception to the order passed by the High Court remanding the matter to the concerned authority under the Prevention of Money Laundering Act, 2002 (for short, "PMLA"), to pass a fresh order und....

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....ted argument is misplaced. The fact that the petitioner has succeeded before the High Court, does not per se result in nullifying the adjudication proceedings, which, nevertheless, can proceed and need to be taken to its logical end by the Adjudicating Authority in accordance with law. The satisfaction to be recorded by the authorised officer in terms of Section 5 of the PMLA is in two respects....

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....e complaint is filed before the Adjudicating Authority, the authorised officer is prevented from passing a provisional attachment order under Section 5(1) of the Act. As a matter of fact, the power to provisionally attach tainted property is only of the authorised officer upon being satisfied about the existence of circumstances referred to in Section 5(1). The adjudication under Section 8 entails....