Question 1? What is... How to determine whether property belonging to a person not charged with a scheduled offence can be attached under Chapter III of the Prevention of Money-Laundering Act, 2002? Question 2? What is... What constitutes "proceeds of crime" and how is it defined for attachment and confiscation under the Act? Question 3? What are the rights and burdens of proof for persons in possession of attached property at the notice and adjudication stages under Section 8?

Key Points: - The judgment holds that property in the possession of a person not charged with a scheduled offence can be attached and confiscated under Chapter III, by applying Sec.5, Sec.8, Sec.23, and Sec.24, as clarified by the 2nd Amendment Act (2nd proviso to Sec.5(1)) (!) (!) (!) - Proceeds of crime is defined expansively to include property derived or obtained from criminal activity relating to a scheduled offence or the value of such property, enabling broader attachment (!) (!) (!) (!) - Section 23 establishes a rebuttable presumption for interconnected transactions, shifting burden to the holder of property to show non-involvement in money-laundering (!) (!) (!) - Section 24 shifts the burden of proving untainted proceeds onto the accused person for proceedings tied to Section 3, while not applying to non-accused for attachment/confiscation but allowing Section 23 presumption to operate (!) (!) (!) - The adjudicatory process under Section 8 involves a prima facie threshold at notice, with opportunity to present evidence, and final confiscation only after proof of guilt in trial Court (!) (!) (!) - Section 8(4) dispossession after confirmation is upheld as balancing governmental interest with rights, not deemed arbitrary (!) (!) - The court emphasizes the holistic interpretation of the Act and upholds vires and procedures, including retrospective amendments, as valid within constitutional checks and balances (!) (!) - Writ petitions challenging vires are dismissed; available statutory appellate remedies remain (!)

Question 1?

What is... How to determine whether property belonging to a person not charged with a scheduled offence can be attached under Chapter III of the Prevention of Money-Laundering Act, 2002?

Question 2?

What is... What constitutes "proceeds of crime" and how is it defined for attachment and confiscation under the Act?

Question 3?

What are the rights and burdens of proof for persons in possession of attached property at the notice and adjudication stages under Section 8?