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2017 (7) TMI 177 - HC - Money LaunderingMoney laundering - nature of offence - Held that:- It invariably involves secretive actions and dealings by the perpetrators, of transfer and rotation of moneys within and outside the country. It is also likely to involve fabrication and fudging of documents and records. The persons involved in money laundering invariably cover their tracks, and conceal their identities. The challenge faced by the investigating authorities is to uncover the money trail, so as to expose the process and mechanism of money laundering. The propensity and likelihood of the suspects involved in money laundering, to further cover their tracks and destroy the evidence, whenever there is an effort underway to unearth their crime, would obviously be high. Thus, while scrutinizing the decision of the authorized officer concerned to arrest the suspect in exercise of the power conferred under Section 19 of the PMLA by applying the principles and guidelines laid down in Section 41 and 41A of the Code, the same would be tested in the aforesaid light, and while keeping in view the object and purpose of the PMLA. We are not inclined to pass any orders of restraint as sought by the petitioner in the present application. In case the authorities under the PMLA invoke their power under Section 19 of the said Act, they shall comply with the requirements of Section 19 of the Act and also adhere to the guidelines laid down in Sections 41 and 41A of the Code as explained herein above.
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