A Sub-Divisional Magistrate cannot legally attach property under Section 146 of the CrPC if a civil suit regarding the same property is already pending. This guide explains why such orders lack jurisdiction and outlines the proper legal remedy, including filing a petition under Section 482 CrPC to the High Court based on established Supreme Court precedents.
Attachment
Release of property from provisional attachment under money laundering act
This legal guidance explains the remedies available for release of property provisionally attached under the Prevention of Money Laundering Act. It discusses proceedings before the Adjudicating Authority, burden of proving bona fide ownership, evidentiary requirements, and the legal process for establishing that the property is not proceeds of crime.