Mandatory conditions for Provisional Attachment

Court :- HIgh Court , Citation :- Sarosh Munir Khan Vs.The Deputy Director, [534/MUM/2013],
In the case of Sarosh Munir Khan Vs.The Deputy Director, [534/MUM/2013], it was held as under:
  "17. However, the following conditions are required to be satisfied before a provisional attachment order is passed by the Director or any other Officer authorised by him occupying a rank not below that of a Deputy Director; 
(1) There should be adequate material before such Officer, which makes him believe that if the attachment of the proceeds of crime are not ordered, it might result in frustration of the confiscation.
(2) A person must be in possession of the proceeds of crime;
(3) Such person must have been charged of having committed one or the other of the scheduled offences under this Act;
(4) Such proceeds of crime are likely to be concealed or transferred or dealt with in any manner, which may result in frustrating any proceedings of their ultimate confiscation."
The Honble Supreme Court of India has held in the case Prem Singh and Ors. Vs. Birbal and Ors., AIR2006SC3608, that:
“There is a presumption that a registered document is validly executed. A registered document, therefore, prima facie would be valid in law. The onus of proof, thus, would be on a person who leads evidence to rebut the presumption.”
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