Search of persons under money laundering act

Posted on 05-05-2016        By ADMIN

“ Search of persons under money laundering act  ” - Sec. 18

                     If any Authority - Authorised in thisbehalf by the Central Govt. - by general or special order - has             reason to believe ( reasons to berecorded in writing ) that ANY Person - has secreted about his    Person (or) anything under his possession,ownership or control - any record of proceeds of crime       which may be relevant to any proceedings under this Act - then,he may search that Person and         seizesuch Record or Property ( relevant to any proceedings under this Act ).

                     Copyof the above search and seizure - to Adjudicating Authority in sealed envelop (same as u/s. 16 ).

                     In case, the Authority is about tosearch any person - then, if such person so requires - then, he  shall take such Person - within 24hours to the nearest Gazetted Officer ( superior in rank to him ) or to aMagistrate.

                     If the above requisition is made -then, the Authority shall not detain the Person - for more than 24 hours   prior to taking him before the superiorGazetted Officer or Magistrate.

                     If the above Gazetted Officer orMagistrate sees no reasonable ground - then, he shall forthwith discharge suchPerson - but otherwise shall authorise the search.

                     Before any search is made ( eitherbefore the magistrate or without the magistrate ) - the Authority shall conduct the search - only inthe presence of 2 or more persons ( who shall attend and witness the search ).

                     NO female shall be searched - except bya female.

                     The Authority shall prepare a list ofrecord or property seized - in the course of the search and obtain thesignatures of the witnesses on the list.

                     Also, the Authority shall record the Statementof the Person - searched under the above subsections - in respect of the records of proceeds of crime found orseized in the source of the search.

                        Note: Offences - for which the above search of any Person can be done ( same asu/s. 17 ).

                     Filing application for retention beforeA/A - within 30 days ( same as under Sec. 17 ). 

Comment :