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2018 (7) TMI 1223 - AT - Money LaunderingOffence under PMLA - Attachment orders - transaction from proceeds of crime - Held that:- In the impugned order there is no finding at all as to whether ₹ 70 lakhs which was received by the appellant was from alleged tainted amount is received from ₹ 85 crores or from ₹ 19 crores which is claim to the untainted money. In the impugned order, there is no specific finding after going through the record to establish as whether ₹ 70 lakh loan which was given to the appellant from ₹ 85 crores and part of ₹ 19 crores (which was admitted untainted amount as per the case of the respondent no. 1). In case provisional attachment order and prosecution complaint are read together, merely a general reasons are given that the amount received by her was generated from the proceed of crime and if amounts to money laundering. There are no reasons or findings that on the date of receipt of loan amount, she was aware that if any, it was proceed of crime. No such question was put when her statement u/s 50(2) of PML Act was recorded. In the light of the above said reasons, we allow the appeal. The impugned order 28.09.2017 passed against the appellant is set-aside. Consequently, provisional attachment order is also quashed.
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