Under Section 5 of PMLA, a provisional attachment order

Solution

Section 5(1) of PMLA clearly provides that the Director, or any other officer not below the rank of Deputy Director authorised by him, who has reason to believe (reasons to be recorded in writing) on the basis of material in his possession that any person is in possession of proceeds of crime, has been charged of committing a scheduled offence, and such proceeds are likely to be concealed or transferred, may by order in writing provisionally attach such property for a period not exceeding ninety days. The authority is the Director or Deputy Director-level officer, not a Magistrate or Special Court. The Adjudicating Authority plays a confirmatory role under Section 8. A complaint must be filed before the Adjudicating Authority within 30 days of attachment under Section 5(5).