Property purchased before commission of offence cannot be attached u/s. 5(1) of PML Act

Davy Varghese Vs Deputy Director (Kerala High Court)

Kerala High Court held that provisional attachment of properties purchased before commission of offence under section 5(1) of Prevention of Money-Laundering Act, 2002 [PML Act] is ex-facie null and void. Accordingly, order attaching property quashed.

Facts- A septuagenarian, who claims to be suffering from a terminal illness, along with his wife, has approached this Court seeking to quash the order of provisional attachment issued under the Prevention of Money-Laundering Act, 2002. According to the petitio

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