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SANJAY DWIVEDI
Deepak Asai – Appellant
Versus
Union of India – Respondent
ORDER
1. The counsel for the petitioners is heard on the question of admission and also on interim relief.
2. This petition is under section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS) seeking quashing of provisional attachment order bearing No.02/2025 dated 30.1.2025.
3. Learned senior counsel appearing for the petitioners has submitted that the office of respondent No.2 has passed a provision attachment order which is impugned in this petition and quashing of the same is being sought for by the petitioners mainly on the ground that the order passed by the authority is beyond jurisdiction attaching the properties mentioned in Schedule-I, II and III, particularly the properties mentioned in Schedule-C because the said properties do not fall within the definition of “proceeds of crime” as defined under the provisions of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as the ‘PMLA Act, 2002’). Shri Datt has further submitted that the order has been passed on 30.1.2025 attaching the properties which are related to the retiral dues of petitioner No.1 and attaching the same is in contravention of section 11 of Pension Act, 1871 and section 13 of Payment of G
The definition of 'proceeds of crime' under PMLA is broad enough to include properties acquired before the investigation, affirming the authority's jurisdiction.
Properties acquired prior to the commission of a predicate offence cannot be attached under the Prevention of Money-Laundering Act, as they do not constitute proceeds of crime.
Money Laundering – Provisional Attachment Order – Formation of opinion must bear a proximate and live nexus to purpose of protecting interest of Government revenue.
The court established that failure to provide notice to a lawful property owner before attachment under the Prevention of Money Laundering Act violates legal requirements and principles of natural ju....
The court established that mandatory notice requirements under the Prevention of Money Laundering Act must be adhered to, or the attachment order is invalid.
The court upheld the necessity of exhausting statutory remedies under the Prevention of Money Laundering Act before invoking writ jurisdiction, affirming that 'proceeds of crime' includes property in....
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