Defence Against Property Attachment — CrPC / PMLA / PC Act

What This Service Is

It is very stressful if your property is temporarily seized under the Prevention of Money Laundering Act (PMLA) — the law fighting money laundering. The same applies to property seized under Section 102 of the Code of Criminal Procedure (CrPC) — the law defining police powers to seize property during an investigation. Property can also be frozen under the Prevention of Corruption Act (PC Act) — the law against government corruption. These are among the most complicated property situations. Your property might be seized because of things you supposedly did. Or, it might be caught up in an investigation against someone else.

To fight such a seizure, you need to understand criminal law rules, property law, and the PMLA legal process. The Adjudicating Authority — the body that decides cases under the PMLA — follows specific evidence and process rules. These are different from regular courts.

What the Service Entails

First, we will review your seizure order. We will also check the First Information Report (FIR) — the document that starts a police investigation — or the investigation notice. We will look at your property ownership documents and any notices from the Adjudicating Authority.

Second, we will prepare a first analysis of your defence. This will identify reasons to challenge the seizure. This includes checking the link to a scheduled offence — the crimes listed under the PMLA. We will also check if your property is a proceeds of crime — any property gained from these crimes. We will review if the seizure process was legal. We will also check if you are a bona fide purchaser — someone who bought the property without knowing about any wrongdoing.

Third, we will have a 60-minute discussion with you. We will go over our analysis and agree on your defence plan.

Fourth, we will give you a final strategy report. This report will suggest actions you should take. It will include legal deadlines and, if you ask, a draft of your complaint or response.

Our Specialized Inputs

The IndiaPropLaw team helped write the Insolvency and Bankruptcy Code (IBC) 2016 Corporate Insolvency Resolution Process (CIRP) Rules — the rules for company bankruptcy. We have a lot of experience with legal proceedings before economic regulators and enforcement agencies. We deeply understand how the PMLA Adjudicating Authority assesses claims from innocent third-party buyers. This is based on our direct experience with these regulations.