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2022 (8) TMI 170 - HC - Money LaunderingDe-freezing of provisionally attached Bank Accounts of petitioner - freezing of bank accounts of the petitioner without any notice and without any justifiable reason - Section 5 of the PMLA Act - HELD THAT:- It can be seen that provisional attachment can be made only for a period of (180 days) as per Section 5 Sub-Clause (1). As per Section 5 Sub-Clause (5) thereof, the officer who provisionally attaches the property shall file a complaint before the adjudicating authority within a period of (30) days from such attachment. Since the issue of provisional attachment is before the adjudicating authority, it is considered fit to direct the petitioner-Company to raise all the contentions before the adjudicating authority with regard to the validity of the provisional attachment - in the facts and circumstances of the case and in the interest of justice, it is considered appropriate to permit the petitioner to operate the bank accounts with respect to the amounts deposited on or after the date of communication of this order; and the attachment made by the 1st respondent / Directorate of Enforcement with regard to the bank accounts of the petitioner-Company shall be continued subject to passing of further orders by the adjudicating authority. Petition disposed off.
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