ED & PMLA Lawyer in Delhi

A statement recorded under Section 50 of the PMLA is taken on oath and is admissible against you. That single fact separates an ED proceeding from an ordinary police investigation, and it is why preparation before the appearance matters more than anything that follows it.

What this means

The Prevention of Money Laundering Act, 2002 gives the Enforcement Directorate power to summon, investigate, attach property and arrest. Proceedings begin from a scheduled offence — an FIR or chargesheet by another agency under a listed statute — from which the ED alleges proceeds of crime were generated.

Delhi ED matters are heard at the Rouse Avenue Courts, with appeals and writ petitions in the Delhi High Court.

Section 50 summons — what to do

• You must attend. Ignoring a summons is an offence in itself and dramatically worsens your position.
• Call counsel before you respond to the agency. How and when you reply matters.
• Do not alter or delete any record. It is detectable and becomes a separate offence.
• Assemble every document named in the summons so your answers are documentary rather than reconstructed under pressure across a long day.
• Read the statement carefully before signing. It is on oath and it is admissible.

Provisional attachment — the 180 day clock

Under Section 5, the ED may provisionally attach property believed to be proceeds of crime. The attachment lapses unless confirmed by the Adjudicating Authority within 180 days. That proceeding is where the attachment must be contested — deferring it to the eventual trial is a mistake, because by then the property has been attached for years.

Arrest under Section 19 and bail under Section 45

Section 19 requires the officer to record reasons in writing and to inform the arrested person of the grounds. Failure here is a live challenge. Bail then faces the twin conditions of Section 45 — the court must be satisfied there are reasonable grounds to believe the accused is not guilty and is unlikely to reoffend.

This is a materially harder test than ordinary bail and must be argued as such, on the transaction trail and the absence of the scheduled offence, not on general equity.

The defence that usually works

PMLA requires a scheduled offence, proceeds of crime generated from it, and knowing involvement in dealing with those proceeds. If the scheduled offence collapses, the PMLA case collapses with it. That link — rather than the money laundering allegation in the abstract — is usually where the case is won.

Why bring this matter here

• Preparation before the Section 50 appearance, not damage control afterwards.
• Attachment contested before the Adjudicating Authority within the 180 day window.
• Section 45 twin-condition bail argued on the scheduled offence, not on general equity.
• Rouse Avenue and Delhi High Court appearance.
• Document sets assembled properly — ED matters are won on paper.

Frequently asked questions

Do I have to attend an ED summons?

Yes. Non-attendance is an offence and worsens your position substantially. But attend prepared and with counsel engaged, because the statement is recorded on oath and is admissible against you later.

Can I bring my lawyer into the ED office?

Counsel is generally permitted to be present within visual range though not always within hearing. The more important role is preparation beforehand and reviewing the statement before you sign it.

My property has been attached. Can I still use it?

Attachment restrains transfer, not necessarily possession. Residential property in actual occupation can often continue to be occupied. The attachment must be challenged before the Adjudicating Authority within 180 days.

How hard is bail in a PMLA case?

Harder than ordinary bail. Section 45 requires the court to be satisfied there are reasonable grounds for believing the accused is not guilty of the offence and is unlikely to commit an offence on bail. It is a high threshold but not an absolute bar, and the Supreme Court has read it down considerably in recent years.