Question
Consider the following statements regarding Section 5 (provisional attachment): 1. The Director or any other officer not below the rank of Deputy Director may provisionally attach property for a period not exceeding 180 days. 2. No provisional attachment shall be made unless the officer has reason to believe, on the basis of material in possession, that such property is proceeds of crime. 3. An order of attachment cannot be made if a report under Section 173 CrPC has already been filed in respect of the scheduled offence. 4. The order of attachment shall be forwarded to the Adjudicating Authority in a sealed envelope. Which are correct?
Solution
Statements 1, 2, and 4 correctly reflect Section 5(1)–(2). Statement 3 is incorrect because attachment can be made even after the Section 173 report, provided twin conditions under Section 5(1) exist.
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