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Allahabad High Court
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The Prevention of Money Laundering Act 2002 (PMLA) gives the Enforcement Directorate (ED) extraordinary powers — raids, arrest, asset attachment, and prosecution — all with a reversed burden of proof. Section 45 PMLA imposes twin conditions for bail so demanding that most bail applications fail at the first hearing. Yet bail in PMLA cases is not impossible, and provisional attachment orders can be challenged and set aside. The single most important weapon against an ED case is the predicate offence: PMLA cases require a scheduled offence FIR as their foundation. If that FIR is false, the PMLA case loses its legal basis. As a criminal lawyer at Allahabad High Court with practice since 2008, Advocate Faizan Siddiqui defends PMLA and ED cases comprehensively — Section 45 bail applications, provisional attachment challenges, and simultaneous predicate offence quashing. Call +91-9911387328.
Also see: PMLA ED Money Laundering Lawyer Allahabad → — full case details, process, cities covered.
Section 45 PMLA Bail — The Twin Conditions Explained
Section 45 PMLA requires the court to be satisfied of two conditions before granting bail: (1) there are reasonable grounds to believe the accused is not guilty of the offence, and (2) the accused is not likely to commit an offence while on bail. This reversed burden is among the strictest in Indian criminal law — but it is not absolute.
- Twin conditions under Section 45 PMLA — court must find prima facie innocence AND no future offence risk
- Prolonged custody without trial progress — courts have granted bail after 1–2 years as constitutional right
- Predicate offence is weak or false — if the PMLA foundation lacks merit, bail case strengthens dramatically
- ED attachment was disproportionate or procedurally defective — supports bail case on merits
- Bail at Special PMLA Court vs. Allahabad High Court — strategy differs at each stage
- Section 439 CrPC still governs High Court bail — supplemented by Section 45 PMLA conditions
- Supreme Court in Vijay Madanlal Choudhary (2022) — PMLA provisions upheld but procedural safeguards still apply
Provisional Attachment Order — How to Challenge
The ED issues Provisional Attachment Orders (PAO) under Section 5 PMLA attaching property it claims is "proceeds of crime." These orders must be confirmed by the Adjudicating Authority within 180 days. Challenging the PAO at the Adjudicating Authority level and then the Appellate Tribunal is critical — property released at this stage cannot be re-attached.
- Section 5 PMLA — provisional attachment valid for 180 days, then must be confirmed by Adjudicating Authority
- Challenge at Adjudicating Authority — prove property is not proceeds of crime
- PMLA Appellate Tribunal — appeal against Adjudicating Authority confirmation
- Allahabad High Court writ — challenge PAO that is ultra vires or passed without application of mind
- Property lawfully acquired — documentary evidence of income source is the strongest defense
- Benami Transactions Act interaction — separate challenge if property wrongly treated as benami
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Faizan Sir responds as required by the matter — call or WhatsApp
Predicate Offence Defense — The PMLA Foundation
Every PMLA case requires a "scheduled offence" FIR under the Second Schedule. If the predicate FIR is quashed or if the accused is acquitted in the predicate case, the PMLA case loses its foundation. Advocate Faizan Siddiqui simultaneously files FIR quashing under Section 482 CrPC for the predicate case alongside PMLA defense — attacking the case from both ends.
- Scheduled offences under PMLA Second Schedule include fraud, corruption, property offences, drug trafficking
- If predicate FIR is quashed — PMLA proceeds of crime allegation collapses
- Acquittal in predicate case — strong grounds for PMLA bail and attachment release
- FIR quashing at Allahabad High Court running parallel to PMLA defense
- False predicate FIR in property/business dispute — most common false PMLA scenario in UP
- Criminal complaint vs. FIR as predicate — different standards of scrutiny apply
ED Summons, Search and Seizure — Know Your Rights
Many PMLA cases begin with ED summons under Section 50 PMLA or a search and seizure operation. Knowing your rights at this stage can prevent arrest and protect documents from improper seizure. Legal representation from the first summons stage is strongly recommended.
Types of Cases We Handle
PMLA Bail at Special Court (PMLA)
PMLA Bail at Allahabad High Court
Section 45 PMLA Twin Conditions Application
Provisional Attachment Order Challenge
PMLA Adjudicating Authority Proceedings
PMLA Appellate Tribunal
Predicate Offence FIR Quashing
ED Summons Response
ED Search and Seizure — Legal Advice
PMLA Trial Defense
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