TMI Blog2022 (3) TMI 497X X X X Extracts X X X X X X X X Extracts X X X X ..... ceal, transfer or deal with the same in any manner. This satisfaction is recorded for the purpose of interim arrangement during the pendency of the adjudication proceedings for securing the property in question. The adjudication on the other hand, gets triggered after the complaint under Section 5(5) is filed before the adjudicating authority or on an application under Section 17(4) and also 18(10) of the Act. As a matter of fact, the power to provisionally attach tainted property is only of the authorised officer upon being satisfied about the existence of circumstances referred to in Section 5(1). The adjudication under Section 8 entails finally in confiscation of the tainted property or release thereof - the fact that the petitioner h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of reasons. It is further urged that provisional attachment order triggers the adjudication proceedings and as the provisional attachment order is set aside by the High Court, no adjudication proceedings can be continued further against the petitioner. Going by the scheme of Sections 5 and 8 of the PMLA, we have no hesitation in observing that the aforenoted argument is misplaced. The fact that the petitioner has succeeded before the High Court, does not per se result in nullifying the adjudication proceedings, which, nevertheless, can proceed and need to be taken to its logical end by the Adjudicating Authority in accordance with law. The satisfaction to be recorded by the authorised officer in terms of Section 5 of the PMLA is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impact the adjudication process initiated before the adjudicating authority, which must proceed on its own merits in accordance with law. In our opinion, therefore, the challenge to the order as passed by the High Court to send back the matter to the appropriate authority to pass a fresh order, if so advised, is unexceptionable. For, the petitioner has succeeded before the High Court on the limited argument that the stated order does not record proper satisfaction as required under Section 5(1) of the Act, but merely reproduces the provisions of the Act. Hence, we decline to interfere in this special leave petition. The special leave petition is accordingly dismissed. We make it clear that rejection of this special leave petition will ..... X X X X Extracts X X X X X X X X Extracts X X X X
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