PMLA--Single-Member Bench of Adjudicating Authority--Is Competent to Confirm Provisional Attachment on Prima Facie Satisfaction
Under Section 6(5)(b) of the Prevention of Money Laundering Act, 2002, a single-member Bench of the Adjudicating Authority, constituted by the Chairperson, is competent to confirm provisional attachment and permit retention of seized material. The word "may constitute" in Section 6(5)(b) makes the provision directory, not mandatory, conferring discretion upon the Chairperson based on the nature and complexity of a case. At the stage of provisional attachment, the standard is prima facie satisfaction that the property is likely to be proceeds of crime, not proof beyond reasonable doubt. A technical objection to composition, without demonstrating prejudice or miscarriage of justice, cannot vitiate the proceedings.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
