Can ED attach properties in absence of FIR?

The bench issued the notices and observed there was a need to give a harmonious interpretation to two provisions of Section 5 of the Prevention of Money Laundering Act.
Supreme Court of India
Supreme Court of India
Updated on: 
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NEW DELHI: The Supreme Court on Monday agreed to examine the legal question of whether the ED possessed powers under the anti-money laundering law to attach properties in the absence of a prior FIR for scheduled offences.

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar issued a notice to one K Govindaraj and others on a plea filed by the ED against a Madras High Court verdict restraining the agency from taking action against private contractors allegedly involved in illegal sand mining.

Taking note of the submissions of Additional Solicitor General S V Raju, representing the ED, the bench issued the notices and observed there was a need to give a harmonious interpretation to two provisions of Section 5 of the Prevention of Money Laundering Act.

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