Question
Under Section 8, the Adjudicating Authority shall issue
a notice of at least how many days to the person concerned before deciding on confirmation of attachment?Solution
Section 8(1) of PMLA provides that on receipt of a complaint under Section 5(5) or applications under Section 17(4) or Section 18(10), if the Adjudicating Authority has reason to believe that a person has committed an offence under Section 3, it may serve a notice of not less than thirty days on such person. The notice calls upon the person to indicate the sources of income, earning or assets, the evidence on which he relies, and to show cause why the properties should not be declared involved in money-laundering and confiscated. This thirty-day minimum ensures due process and natural justice. The Adjudicating Authority must also hear the aggrieved person and the Director (or his authorised officer) before passing an order confirming attachment.
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