Question
For how many days can property be provisionally attached
under Section 5(1) of PMLA, 2002?Solution
Section 5(1) of PMLA explicitly provides that provisional attachment can be ordered for a period not exceeding ninety days from the date of the order. After provisional attachment, under Section 5(5), the Director or the authorised officer must file a complaint stating the facts of such attachment before the Adjudicating Authority within thirty days. The provisional order ceases to have effect after expiry of ninety days or on the date of an order made by the Adjudicating Authority under Section 8(2), whichever is earlier. This time-bound mechanism ensures that attachment is not used arbitrarily and that judicial oversight through the Adjudicating Authority is invoked promptly.
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