dealing with
reciprocal arrangement for assistance in certain matters and procedure for
attachment and confiscation of property between the contracting States
with regard ... imposed against the offender.
28. Section 5 of PMLA which provides for attachment of property involved
in money laundering, states that where the Director
Objects and Reasons mentions,
to make money laundering an offence, and to attach property
2
involved in money laundering, so that this serious threat ... having reciprocal arrangement
for assistance in certain matters and procedure for
attachment and confiscation of property so as to
facilitate the transfer of funds involved
trial for any scheduled
offence, the person concerned is acquitted, the attachment
of the property or retention of the seized property or record
under ... have no control. Further, the PMLA has two sets of processes
for attachment and confiscation which is subject to final
determination. Hence, lack of judicial
corporate debtor in relation to
an offence shall include the
attachment, seizure, retention or
confiscation of such property under
such law as may be applicable ... which are acquired could be attached but that is pre-
empted by Section 32A. The civil remedies open are
taken away in regard to acts
part of respondent No.2, the Directorate of Enforcement
has proceeded to attach the immoveable property belonging to the family of
the petitioner ... basis of the enquiry made in the vigilance case.
Another provisional attachment of immoveable properties of the members of
the family, wife and two sons
entire proceedings of the respondents, namely, the first respondent's provisional attachment order in No.1 of 2013 in File No.ECIR.03/2012 ... proceedings issued by the first respondent in respect of the provisional attachment order No.1 of 2013 in File No.ECIR No.03/2012
subsistence.
The respondents did not get the actual custody. The conditions attached are
challenged before this Court. Even the appellant has stated in his arguments ... need to have a
comprehensive legislation inter alia for preventing money-
laundering, attachment of proceeds of crime, adjudication
and confiscation thereof including vesting
Chennai in
ECIR CEZO/19/2016 passed an order for provisional
attachment in exercise of the power under Section 5(1) of
PMLA ... before the Adjudicating
Authority for confirmation of the order of provisional
attachment, it refused to confirm the order of attachment
and dismissed the same
respondents
("banks") vis-à-vis the orders of provisional attachment issued by the
enforcement officers under Section 5 , as confirmed by the
adjudicating ... questions of law of import concerning nature of property that
may be attached under this special law as indeed the conflict arising
from claim
filing of original complaints (OC)
under Section 5 (5) PMLA. Consequently, provisional attachment orders
have been issued under Section 5 (1) PMLA against the Petitioners ... these petitions is also,
therefore, to the OCs, the SCNs, the provisional attachment orders and to all
further proceedings in the aforementioned ECIR.
3. Although
