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      Question

      Under Section 22 of PMLA, when records or property are

      found in the possession of a person during a survey or search, which of the following is NOT presumed?
      A Such records or property belong to such person Correct Answer Incorrect Answer
      B The contents of such records are true Correct Answer Incorrect Answer
      C The person has committed a scheduled offence Correct Answer Incorrect Answer
      D The signature on the records is that of the person whose handwriting it appears to be Correct Answer Incorrect Answer
      E A record stamped, executed or attested was so done by the person it purports to have been executed by Correct Answer Incorrect Answer

      Solution

      Section 22(1) of PMLA creates three specific presumptions when records or property are found in possession during a survey or search: (i) such records or property belong to the person in whose possession they are found; (ii) the contents of such records are true; and (iii) the signature and handwriting on the records are that of the person to whom they appear to belong. Crucially, the section does NOT presume that the person has committed a scheduled offence. That is a distinct matter to be proved through the normal process of trial. Section 22 only raises evidentiary presumptions about ownership, authenticity, and authorship of documents - not about criminal guilt. Option D therefore goes beyond the scope of this section.

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