The Prevention of Money-Laundering Act, 2002
21. Retention of
records.-
1. Where
any records have been seized, under section 17, or section 18, and the
Investigating Officer or any other officer authorised by the Director in this
behalf has reason to believe that any of such records are required to be
retained for any inquiry under this Act, he may retain such records for a
period not exceeding three months from the end of the month in which such
records were seized.
2. The
person, from whom records were seized, shall be entitled to obtain copies of
records retained under sub-section (1).
3. On
the expiry of the period specified under sub-section (1), the records shall be
returned to the person from whom such records were seized unless the
Adjudicating Authority permits retention of such records beyond the said
period.
4. The
Adjudicating Authority, before authorising the retention of such records beyond
the period mentioned in sub-section (1), shall satisfy himself that the records
are required for the purposes of adjudication under section 8.
5. After
passing of an order of confiscation under sub-section (6) of section 8, the
Adjudicating Authority shall direct the release of the records to the person
from whom such records were seized.
6.
Notwithstanding
anything contained in sub-section (5), the Director or any officer authorised
by him in this behalf may withhold the release of any records until filing of
appeal under section 26 or after forty-five days from the date of order under
sub-section (5), whichever is earlier, if he is of the opinion that such
records are relevant for the proceedings before the Appellate Tribunal.