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

An officer provisionally attaches a flat belonging to Sunita Enterprises on 1 March under Section 5(1). Which step must the officer take within thirty days of the attachment?

Within thirty days of the provisional attachment, the officer must file a complaint stating the facts of the attachment before the Adjudicating Authority, as required by Section 5(5). No High Court confirmation or immediate confiscation is involved at that stage.

  1. AObtain confirmation of the attachment from the High Court
  2. BFile a complaint stating the facts of the attachment before the Adjudicating AuthorityCorrect
  3. CHand over the property to the Central Government as confiscated
  4. DReturn the property after issuing a show-cause notice

Explanation

Section 5(5) requires the officer who provisionally attaches property to file, within thirty days of the attachment, a complaint stating the facts before the Adjudicating Authority. High Court confirmation is not required, and confiscation is not automatic at this stage.

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