Provisional attachment upheld where reason to believe funds were laundered despite non-naming in FIR and PMGKY declaration.
X X X X Extracts X X X X
X X X X Extracts X X X X
....Proceedings under the PMLA operate independently of scheduled-offence criminal proceedings, so provisional attachment may target persons not named in the FIR/ECIR where authorised officers possess material indicating possession or processing of proceeds of crime; absence of a named reference does not bar attachment. A preventive provisional attachment requires only 'reason to believe' and was sustained on prima facie material showing routing of demonetised currency, RTGS credits and layering/integration into bank accounts. Voluntary declaration or tax payment under PMGKY does not confer immunity from PMLA action; authorities may attach property of equivalent value where original proceeds are untraceable.....
TaxTMI