Write short notes on: 'Search' and 'Seizure' under Prevention of Money Laundering Act (PMLA).

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · December 2020
Write short notes on: 'Search' and 'Seizure' under Prevention of Money Laundering Act (PMLA).

Answer & Explanation:

Section 17(1) of the Prevention of Money Laundering Act, 2002 (PMLA) Where the Director or any other officer not below the rank of Deputy Director authorised by him for the purposes of this section of 17, 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 any 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. According to sub-section (1A) of Section 17 of PMLA, 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: Provided that if, at any time before its confiscation under sub-section (5) or sub-section (7) of section 8 or section 58B or sub-section (2A) of section 60, it becomes practical to seize a frozen property, the officer authorised under sub-section (1) may seize such property.

Topics: PMLA

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