Equivalent-value attachment under the PMLA may extend to property despite unproven lawful sources and pre-crime acquisition.
X X X X Extracts X X X X
X X X X Extracts X X X X
....Under the PMLA, a charge-sheet alleging offences under the IPC and Explosive Substances Act may establish the scheduled offence required for attachment arising from illegal granite quarrying. Properties may be attached as value equivalent to proceeds of crime where claimed lawful sources remain unsubstantiated; acquisition before the alleged criminal period does not bar equivalent-value attachment. A person who has sold the attached property lacks standing to challenge its attachment. Fair market value is determined at acquisition or possession, not by guideline or present market value, though an incorrect valuation may be immaterial where alleged proceeds are independently quantified. Recorded risk of alienation may support provisional attachment without prior communication of reasons.....
TaxTMI