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      Question

      An application filed by the Enforcement Directorate for

      search and seizure of property under Section 17 of PMLA is being considered by the magistrate. Which statements regarding Section 17 search are correct? Statement 1: The magistrate can issue a search warrant without recording the reasons for issuing the warrant. Statement 2: A search warrant under Section 17 can be issued without the authority of a magistrate in circumstances where delay may cause evidence to be destroyed. Statement 3: The purpose of search under Section 17 is to seize property suspected to be proceeds of crime and documents related to transactions. Statement 4: A person's right to privacy is absolute and the magistrate cannot authorize searches of residential premises under Section 17. Which statements are correct?
      A Statements 1 and 4 only Correct Answer Incorrect Answer
      B Statements 2 and 3 only Correct Answer Incorrect Answer
      C Statements 1 and 2 only Correct Answer Incorrect Answer
      D Statement 3 only Correct Answer Incorrect Answer
      E Statements 2, 3, and 4 only Correct Answer Incorrect Answer

      Solution

      Section 17 of PMLA permits ED to conduct searches without a warrant to prevent evidence destruction in emergencies. Statement 2 is correct. Statement 3 is correct—the purpose is to seize proceeds and related documents. Statement 1 is incorrect—magistrate must record reasons. Statement 4 is incorrect—though privacy is protected, reasonable searches can be authorized. Statements 2 and 3 are correct.

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