Gauhati High CourtCriminal LawConstitutional Law

Reason to believe recorded in Provisional Attachment Order does not violate PMLA or confidentiality requirements.

Mrig Mrinal Dhawanv.The Union Of India And Anr

Reason to believe recorded in Provisional Attachment Order does not violate PMLA or confidentiality requirements.. Mrig Mrinal Dhawan vs The Union Of India And Anr. Gauhati High Court. LawLens
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In brief

The question

1. Whether a writ petition under Article 226 is maintainable against a PAO when statutory remedies under Section 8 of the PMLA are available

The court held

The court found no jurisdictional error in the impugned PAO

It also directed

It held that the ED is authorized to attach properties acquired prior to the crime as "value" equivalent to PoC

However, noticing a conflict with a coordinate bench decision in Aftabuddin Ahmed v. ED (which held "reasons to believe" must remain confidential), the court referred the legal question to a Larger Bench

The matter was placed before the Hon’ble Chief Justice for constitution of a Larger Bench

01Facts

The petitioner, proprietor of M/s Fama Marketing, challenged a Provisional Attachment Order (PAO) dated 30.03.2026 issued by the Directorate of Enforcement (ED)

pp. 2-3

The PAO attached three plots of land in Guwahati on the grounds that they represented the "value" of Proceeds of Crime (PoC)

p. 3

The case originated from FIR No. 182/2024 involving M/s Siddhi Vinayak Trade Merchants, which allegedly passed on fraudulent Input Tax Credit (ITC) worth ₹99.31 Crores through shell entities without supply of goods

pp. 10-11

Investigation revealed the petitioner’s firm availed ₹52.66 Lakhs of this fraudulent ITC from two shell entities

pp. 13-14, 32

The petitioner contended that the attached properties were purchased in 2022, prior to the alleged criminal activity (2023-2024), and that recording "reasons to believe" within the PAO itself violated confidentiality requirements

pp. 4-7

02Issues

i.1. Whether a writ petition under Article 226 is maintainable against a PAO when statutory remedies under Section 8 of the PMLA are available

p. 16 / para. 21

ii.2. Whether properties acquired prior to the commission of the scheduled offence can be attached as "value of such property" under Section 2(1)(u) of the PMLA

pp. 40 / para. 57-58

iii.3. Whether the "reason to believe" must be kept in a separate confidential file or if its inclusion within the PAO itself constitutes a jurisdictional error

p. 45 / para. 68

03Law Applied

The court applied Section 5(1) regarding provisional attachment and the "Second Proviso" for emergency attachment

pp. 21-22

It relied on Section 2(1)(u) of the PMLA, which defines "Proceeds of Crime" to include the "value of any such property"

p. 41

The court followed Vijay Madanlal Choudhary v. Union of India, establishing that the PMLA is an independent offence and attachment can extend to property of equivalent value if PoC is untraceable

pp. 42-43

Regarding "reason to believe," the court distinguished S. Narayanappa v. CIT and applied Arvind Kejriwal v. ED and Aslam Mohammad Merchant v. Competent Authority, which emphasize transparency and the furnishing of reasons to the affected person to satisfy natural justice

pp. 48, 55-57

Provisions in the judgment · 36 · Linked ones open on LawLens

Prevention of Money-Laundering Act, 2002 14 provisionsSection 2Section 3Section 5Section 8Section 16Section 17Section 19Section 26Section 42Section 44Section 45Section 50Section 70Section 73
Indian Penal Code, 1860 15 provisionsSection 26Section 384Section 385Section 386Section 387Section 388Section 389Section 419Section 420Section 467Section 468Section 471Section 472Section 473Section 474

Central Goods and Services Tax Act, 2017 Section 16Section 67Section 132

Electricity Act, 2003 Section 126

Code of Criminal Procedure, 1973 Section 173

Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 Section 6

Bharatiya Nyaya Sanhita, 2023 Section 2

04Reasoning

The court held that while alternative remedies exist under Section 8, a writ is maintainable if the challenge goes to the root of the authority’s jurisdiction

pp. 18-20

On the merits, the court found that the ED had sufficient material—including GST returns and Section 50 statements—to link the petitioner to a ₹52.66 Lakh portion of the ₹99.31 Crore PoC

pp. 32-34

Crucially, the court rejected the "date of acquisition" argument, holding that under Section 2(1)(u), if the actual PoC is integrated into the economy and unavailable, the ED can attach any property of the person of equivalent value, regardless of when it was purchased

pp. 42-44

Finally, the court dismissed the petitioner’s "confidentiality" argument, reasoning that recording reasons within the PAO enhances transparency and allows the noticee to defend their rights, aligning with modern jurisprudence on procedural fairness

pp. 61-62

05Holding

The court found no jurisdictional error in the impugned PAO

p. 62

It held that the ED is authorized to attach properties acquired prior to the crime as "value" equivalent to PoC

p. 44

However, noticing a conflict with a coordinate bench decision in Aftabuddin Ahmed v. ED (which held "reasons to believe" must remain confidential), the court referred the legal question to a Larger Bench

pp. 62-63

The matter was placed before the Hon’ble Chief Justice for constitution of a Larger Bench

p. 63
Gauhati High Court

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Mrig Mrinal DhawanvsThe Union Of India And Anr

Gauhati High Court · June 26, 2026

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