under PMLA. The investigation into the said case under
PMLA has led to a complaint being presented, on 01.02.2017, under
Section 45 upon which cognizance ... view that the claim of the IDBI under SARFAESI Act overrides the
authority for attachment under PMLA, there being no illegality or
unlawfulness
accused under the PMLA and that if such sales
under the IBC were permitted to hold, the entire confiscation regime
under the PMLA ... under the PMLA, the only recourse available to the
petitioner here is to assail the same in accordance with the procedure
prescribed under the PMLA
provisionally attached under Section 5 or
be seized under Section 17 or be frozen under Section 17(1A)
of the PMLA. However, any such order ... above discussion, as under :-
(i). The process of attachment (leading to
confiscation) of proceeds of crime under PMLA is in the
nature of civil sanction
under the
provisions of SARFAESI Act before final confiscation under the PMLA. The
respondent-Bank approached the Appellate Tribunal under section 26 of the
PMLA ... thereby releasing the property attached as "proceeds of crime".
7. The appellant contends that the attachment under PMLA is not a
claim
under the
provisions of SARFAESI Act before final confiscation under the PMLA. The
respondent-Bank approached the Appellate Tribunal under section 26 of the
PMLA ... thereby releasing the property attached as "proceeds of crime".
7. The appellant contends that the attachment under PMLA is not a
claim
further, nor
any proceedings under PMLA under Section 8 can be continued as on
date. Hence, the provisional attachment has to be treated to have ... Appellant. The property was only attached
by the ED under Section 5 and proceedings under Section 8 of the PMLA
have not been started, which
further, nor
any proceedings under PMLA under Section 8 can be continued as on
date. Hence, the provisional attachment has to be treated to have ... Appellant. The property was only attached
by the ED under Section 5 and proceedings under Section 8 of the PMLA
have not been started, which
PMLA, or Section 58B PMLA or Section 60(2A) PMLA by the special
court constituted for trial of the offences under the PMLA. Under Section ... person accused of a PMLA offence
as described under Section 3 PMLA. That is because, under Section 3
PMLA, any person who attempts to indulge
PMLA. A
separate machinery for trial of the offence under the PMLA is
provided under Chapter VII as distinguished from the
adjudication under Section ... money laundering
is not attached immediately under Chapter III, the non-
attachment of the property would frustrate any proceeding
under the Act. What is important
crime' were
provisionally attached vide Provisional Attachment Order
(PAC) No. 01/2017 dated 21.02.2017 under Section 5 of
PMLA.(Available as Exhibit-XXXI ... investigate under the provisions of the PMLA for the offence
punishable under Sections 3 and 4 of the PMLA and have no
powers under
