Analyse and discuss the law and procedure, regarding retention of records, if seized or frozen, under the Prevention of Money Laundering Act, 2002.

CS Executive · Economic and Commercial Laws · PYQS · December 2018
Analyse and discuss the law and procedure, regarding retention of records, if seized or frozen, under the Prevention of Money Laundering Act, 2002.

Answer & Explanation:

Section 21 of the Prevention of Money Laundering Act, 2002 deals with retention of records. Section 21 (1) states that where any records have been seized under section 17 or section 18 or frozen under section 17(1A) and the Investigating Officer or any other officer authorised by the Director in this behalf has reason to believe that any of such records are required to be retained for any inquiry under this Act, such records may if seized, be retained or if frozen, may continue to remain frozen, for a period not exceeding one hundred and eighty days from the day on which such records were seized or frozen, as the case may be. The person, from whom records seized or frozen, shall be entitled to obtain copies of records. On the expiry of the specified period, the records shall be returned to the person from whom such records were seized or whose records were ordered to be frozen unless the Adjudicating Authority permits retention or continuation of freezing of such records beyond the said period. The Adjudicating Authority, before authorising the retention or continuation of freezing of such records beyond the specified period shall satisfy himself that the records are required for the purposes of adjudication under section 8. After passing of an order of confiscation under section 8 (5) or section 8 (7), the Adjudicating Authority shall direct the release of the records to the person from whom such records were seized. Where an order releasing the records has been made by the Court under of section 8(6) or by the Adjudicating Authority under section 58B or under section 60(2A), the Director or any officer authorised by him in this behalf may withhold the release of any such record for a period of ninety days from the date of such order, if he is of the opinion that such record is relevant for the appeal proceedings under the Prevention of Money Laundering Act, 2002.

Topics: Prevention of Money Laundering Act (PMLA)

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