Freezing power under PMLA may be applied where investigative material gives reasons to believe proceeds of crime, even despite prior encumbrances.
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....The text explains that the power to freeze property under Section 17(1A) of PMLA may be exercised where investigative material (FIR/ECIR and related records) provides reasons to believe funds are proceeds of crime and the claimant fails to explain source; in such cases freezing is justified. Retention for adjudication under Section 20(4) is supportable where prima facie involvement in money laundering exists and continued retention does not cause prejudice. A pre-existing lien or bank guarantee does not, by itself, prevent seizure or freezing when investigation indicates the property is implicated.....
TaxTMI