Equivalent-value attachment under PMLA may reach pre-offence Indian property where proceeds remain abroad, subject to exceptional-possession limits.

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Full Text of the Document

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....PMLA attachment may extend to Indian property of equivalent value where alleged proceeds of crime remain abroad, including property acquired before the alleged criminal activity or held in a spouse's name if funded by the accused and unsupported by an independent untainted source. Money-laundering is treated as a continuing offence, with timing assessed by reference to laundering acts and attachment; the value-of-proceeds limb independently supports equivalent-value attachment. A provisional attachment order may meet the reasons-to-believe requirement by recording the material, belief and risk of frustrating confiscation, without separate communication. Attachment proceedings do not determine the merits of a pending scheduled offence. Physical possession during pending prosecution is restricted to exceptional circumstances.....