Interpretation of Section 8(7) and 8(8) of PMLA clarifies proceeds of crime scope; Special Court's order set aside, appeal restored for merits.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The definition of proceeds of crime is broad enough to cover property equivalent in value to assets derived from scheduled offences, permitting attachment where original proceeds are unavailable. When an appeal under the Appellate Tribunal is pending against an order under Section 8(3) PMLA, the Special Court should not decide an application under Section 8(7) PMLA; a deemed embargo and the doctrine of merger require deferral, and the Special Court's allowance of such an application was set aside. The appellant's Section 8(8) remedy was correctly dismissed for failure to show quantifiable loss. The confiscation vesting in the Central Government is absolute, and the appeal before the Appellate Tribunal was restored for merits.....