ED, PMLA & White-Collar Defence
Defence against Enforcement Directorate (ED), PMLA, FEMA, CBI and SFIO actions — at the stage of summons, search & seizure, attachment of property, arrest, bail and trial. Confidential first call; immediate response in time-critical matters.
What this practice covers
ED summons & investigation
Representation at the stage of ED summons under Section 50 PMLA — preparing statements, accompanying clients for recording, and protecting procedural rights.
PMLA proceedings
Defence in proceedings under the Prevention of Money Laundering Act, 2002 — both the predicate offence and the standalone money-laundering case.
Provisional & final attachment
Challenge to provisional attachment orders under Section 5 PMLA, appearance before the Adjudicating Authority, and appeals before the PMLA Appellate Tribunal.
FEMA matters
Representation in Foreign Exchange Management Act proceedings before the ED, the Adjudicating Authority and the FEMA Appellate Tribunal.
CBI investigations
Defence in CBI investigations under the Prevention of Corruption Act and other special statutes, including representation at FIR stage, summons, and trial.
SFIO actions
Defence in Serious Fraud Investigation Office actions under the Companies Act, including representation at the investigation and prosecution stages.
Search & seizure
Real-time representation during search and seizure operations — presence of counsel, documentation of procedural compliance, and post-search remedies.
Anticipatory & regular bail
Anticipatory bail applications under Section 482 BNSS (formerly 438 CrPC), regular bail before the Sessions Court, High Court and Supreme Court — including in PMLA matters where the twin conditions of Section 45 apply.
Trial & appellate defence
Conduct of trial before Special Courts and appeals up to the High Courts and the Supreme Court in economic-offence matters.
Critical first steps when an ED summons arrives
- Do not respond unprepared. Statements under Section 50 PMLA are admissible. The first call to senior counsel should ordinarily happen before any response or appearance.
- Confidential briefing. A complete picture of the underlying transaction, parties, and any predicate offence is reviewed in confidence before the strategy is finalised.
- Procedural protections. The validity of the summons, jurisdiction of the issuing officer, and the procedural correctness of any preceding investigation are checked at the outset.
- Appearance and recording. Where appearance is required, counsel accompanies the client. Statements are recorded with attention to admissibility and consistency with the documentary record.
- Anticipatory bail, if needed. Where arrest is reasonably apprehended, an anticipatory bail application is filed at the earliest, ordinarily before the High Court of competent jurisdiction.
Frequently asked questions
I have received an ED summons. What should I do first?
Before responding to the summons, the underlying allegation, the predicate offence (if any), and the documentary record should be reviewed with counsel. Statements recorded under Section 50 PMLA are admissible; preparation in advance — including a clear, consistent factual account — is essential. Call +91 90501 11113 for an urgent confidential first call.
What are the twin conditions for bail under Section 45 PMLA?
Under Section 45 of the PMLA, before granting bail in a money-laundering offence, the Court must be satisfied (i) that there are reasonable grounds for believing the accused is not guilty, and (ii) that the accused is not likely to commit any offence while on bail. These conditions make PMLA bail demanding; specialised drafting and arguments are essential.
Can ED attach personal property?
Yes — ED can provisionally attach property believed to be proceeds of crime under Section 5 PMLA. The attachment is reviewed by the Adjudicating Authority within 180 days and is appealable to the PMLA Appellate Tribunal. Practical defence often involves both challenging the attachment substantively and pursuing release of properties unconnected with the alleged offence.
Does the chambers handle white-collar matters outside Delhi?
Yes. Matters across India are handled through an associate-counsel network. Direct appearance is offered in Delhi and the Punjab & Haryana jurisdiction; for other High Courts and Sessions Courts, briefing and supervision is provided alongside local appearing counsel.
Time-critical? Call directly.
For matters where summons, search or arrest is imminent, immediate counsel matters. Confidential first call.
