Kamal is a farmer. He grows vegetables and fruits on his farm. However, he secretly does trading in opium and unauthorisedly sells it to some unscrupulous persons. The keeping and selling of opium and poppy straw is a pu

Section 17 of the Prevention of Money-Laundering Act, 2002 (PMLA) provides the provisions relating to Search and Seizure and specifies the authorities authorized to make such search and seize goods. It states: (1) Where the Director or any other officer not below the rank of Deputy Director authorised by him for the purposes of this section, on the basis of information in his possession, has reason to believe (the reason for such belief to be recorded in writing) that any person: (i) has committed any act which constitutes money-laundering, or (ii) is in possession of any proceeds of crime involved in money-laundering, or (iii) is in possession of any records relating to money-laundering, or (iv) is in possession of any property related to crime then, subject to the rules made in this behalf, he may authorise any officer subordinate to him to: (a) enter and search a building, place, vessel, vehicle or aircraft where he has reason to suspect that such records or proceeds of crime are kept; (b) break open the lock of any door, box, locker, safe, almirah or other receptacle for exercising the powers conferred by clause (a) where the keys thereof are not available; (c) seize any record or property found as a result of such search; (d) place marks of identification on such record or property, if required or make or cause to be made extracts or copies therefrom; (e) make a note or an inventory of such record or property; (f) examine on oath any person, who is found to be in possession or control of any record or property, in respect of all matters relevant for the purposes of any investigation under this Act. (1A) Where it is not practicable to seize such record or property, the officer authorised under sub-section (1), may make an order to freeze such property whereupon the property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned. Proviso: If, at any time before its confiscation, it becomes practical to seize a frozen property, the officer authorised under sub-section (1) may seize such property. (2) The authority, who has been authorised under sub-section (1), shall, immediately after search and seizure or upon issuance of a freezing order, forward a copy of the reasons so recorded along with material in his possession to the Adjudicating Authority in a sealed envelope. (3) Where an authority, upon information obtained during survey under Section 16, is satisfied that any evidence shall be or is likely to be concealed or tampered with, he may, for reasons to be recorded in writing, enter and search the building or place where such evidence is located and seize that evidence. (No authorisation under sub-section (1) is required for this.) (4) The authority seizing any record or property under sub-section (1) or freezing any record or property under sub-section (1A) shall, within a period of thirty days from such seizure or freezing, file an application to the Adjudicating Authority for retention or continuation of the order. Accordingly, in Kamal's case, the search and seizure can be made by the Director or any officer not below the rank of Deputy Director , or any officer subordinate to them, who is authorised under Section 17 of PMLA, based on a recorded reason to believe that Kamal is involved in money-laundering or is in possession of proceeds of crime.