ED Lawyer in Gurgaon | Enforcement Directorate Summons & PMLA Defence
A summons from the Enforcement Directorate — whether under FEMA or PMLA — is not something to walk into without preparation. ED proceedings involve their own procedure, powers of arrest and attachment, and a burden of proof that differs sharply from ordinary criminal trials.
Call +91 82954 13475Enforcement Directorate proceedings begin quietly — a summons under Section 50 of the Prevention of Money Laundering Act, or a notice under FEMA — but escalate quickly if not handled correctly. Statements recorded by ED officers are admissible in a way that police statements typically are not, and the agency has powers to provisionally attach property before any conviction. Advocate Rajat Kadyan advises and represents individuals and businesses at every stage of an ED matter, from the first summons through trial before the PMLA Special Court.
How ED Proceedings Work
Summons under Section 50, PMLA
A Section 50 summons requires personal appearance and can compel production of documents. Statements recorded during this process carry significant evidentiary weight, making preparation before appearance essential — what is said at this stage shapes the entire matter that follows.
ECIR & investigation
The Enforcement Case Information Report (ECIR) is the ED's internal equivalent of an FIR, though it isn't typically supplied to the accused as a matter of right — a distinction that shapes how a defence is built in these matters.
Provisional attachment of property
The ED can provisionally attach property believed to be proceeds of crime, even before trial concludes, under Section 5 of the PMLA. Challenging an attachment before the Adjudicating Authority within the prescribed period is time-critical.
Bail under PMLA's twin conditions
Bail in PMLA matters is governed by Section 45's stringent "twin conditions" — the court must be satisfied there are reasonable grounds to believe the accused is not guilty, and unlikely to commit an offence while on bail — a considerably higher threshold than ordinary criminal bail.
ED & PMLA Legal Services
- Summons preparation: advising before you appear before the ED, on what can and should be said.
- ECIR response & representation: building a defence strategy from the earliest stage of investigation.
- Attachment challenges: representation before the Adjudicating Authority and Appellate Tribunal against provisional attachment orders.
- Bail applications: applications addressing PMLA's twin conditions before the Special Court and High Court.
- FEMA advisory: guidance on foreign exchange compliance and defence against FEMA show-cause notices.
- Trial representation before the PMLA Special Court, Gurugram, through to conclusion.
ED Lawyer FAQ — Gurgaon
Can I bring a lawyer to an ED summons?
You cannot have your lawyer present in the room during questioning, but you can consult one beforehand and immediately after — preparation before appearance is critical.
What if my property has been provisionally attached?
A provisional attachment must be confirmed by the Adjudicating Authority within a prescribed period — we act quickly to challenge it within that window.
Is bail harder to get in a PMLA case than an ordinary criminal case?
Yes — PMLA's twin conditions under Section 45 set a materially higher bar than standard criminal bail, which is why a carefully constructed application matters even more here.
Does an ED matter always involve a separate predicate offence?
Yes — a money laundering charge under PMLA requires an underlying "scheduled offence." We assess the predicate offence alongside the PMLA proceedings, since a weakness in one often affects the other.
Received an ED summons? Don't walk in unprepared.
Call before your appearance date — timing matters significantly in ED matters.
Call +91 82954 13475