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CS Executive · Economic, Commercial and Intellectual Property Laws · Prevention of Money Laundering

A Special Court in India receives a search warrant from a contracting State, executes it, and finds certain documents. Which statement correctly reflects section 59 of the PMLA?

Things found are dealt with, so far as possible, under sections 17 and 18, and the documents or things are then forwarded to the issuing Court through the authority notified by the Central Government. Section 19 governs arrests, and forwarding is not done directly by the Special Court.

  1. AThe things found must be destroyed under section 4
  2. BThe things found are dealt with so far as possible under sections 17 and 18, and documents or things produced or found are forwarded to the issuing Court through the authority notified by the Central GovernmentCorrect
  3. CThe things found are dealt with under section 19 and kept permanently in India
  4. DThe things found are forwarded directly by the Special Court to the foreign Court without any notified authority

Explanation

Section 59(2)(ii) says things found in a search are dealt with, so far as possible, under sections 17 and 18. The proviso adds that documents or things produced or found are forwarded to the issuing Court through the authority the Central Government specifies by notification. Section 19 concerns arrest, and forwarding is not direct.

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