TMI Blog2024 (4) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... is not even necessary that the person accused in the PMLA case must be an accused in the predicate offence. Law even permits joint trial of both the cases and it is not appropriate to canvass that only after the trial in predicate offence end in conviction, the proceeding in PMLA should commence. The complainant had arrived at a conclusion that the subject landed property measuring 35 cents of land in S.No.310/2B, at Melur Village is property involved in money laundering. Whereas, the records relied by the complainant indicates that A14 is the owner of the property and A15 is the purchaser of it. This transaction was on 11.07.2017. For arriving at a prima facie satisfaction that this property possessed by A1 which he purchased out of proceeds of crime, the complainant has to show material that the said property is in possession and enjoyment of A1 - In the absence of these link material, the conclusion arrived by the complainant remains without base. There is no material to show the sale price for the sale deed executed in favour of Siddique Raja through her Power Agent Bilal Mohammed was actually paid by A1. To attract prosecution under PMLA, there must be a predicate offence and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Village Administrative Officer was that the accused persons indulged in illegal quarry of granites and caused damages to human life and properties using explosives. On completion of investigation, final report filed on 01.10.2013, against 22 persons for offences under Sections 120-B, 304, 447, 379, 420, 434, 467, 468 and 471 read with Sections 109, 114 and 511 of I.P.C. and Section 3(i), (ii) (iii) of the TNPPDL Act and Section 6 read with Sections 3 (a) 4 (a) of the Explosive Substances Act. 3 . As per the averment in the charge sheet, based on the complaint given by Shri.Akbar Sait, Village Administrative Officer, Keelaiyur, Melur, Madurai, a case in Crime No.156 of 2012, was registered on 06.08.2012 by the Inspector of Police, Keelavalavu Police Station, Madurai District, against Panneer Mohammed, Proprietor of M/s.Madurai Granite Exports, Rabeek Raja, Proprietor of M/s.M.R. Granites, and others, for illicit quarrying of granites and for causing huge damage to human life and properties by setting up explosives in Keelavalavu Village, Melur Taluk, Madurai District, and charge sheet was filed by the Inspector of Keelavalvu Police Station on 01.10.2013 before the Judicial Magistra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 03/2014. During the course of investigation, the Directorate of Enforcement found that few more cases of similar nature in different Police Stations at Madurai been registered and under investigation. In some cases, the petitioners herein were the persons accused of the crime. The illegal quarry of granite by them under different names alleged to run to a tune of Rs. 450/- Crores. Investigation further disclosed that the accused persons are indulging in money laundering by layering the crime proceeds in properties and later, converting into untainted properties. After completing the investigation, complaint under Section 45 read with Sections 3 and 4 and Section 8(5) of the PMLA was filed and pending before the learned II Additional District and Sessions Judge, Madurai, in C.C.No.9 of 2018. 6 . The complaint of Deputy Director, Directorate of Enforcement, Madurai, states about five similar cases registered by the Police and how closely the petitioners herein are intrinsically interconnected to the crime. The report of Mr.Sagayam, I.A.S., who was appointed by the High Court of Madras, to conduct enquiry about the illegal mining in Madurai District, the survey report and assessment o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ards sale consideration and got a sale deed settlement receipt. Heeralal (A9), who is the brother of A1, is the witness, who attested the sale receipt. In fact, no sale deed executed in favour of Panneer Mohamed by Manimegalai. However, on the strength of the Power of Attorney Deed, Panneer Mohammed entered into a sale agreement with his brother Azad Mohamed (A11) in respect of that property. As per this sale agreement, the sale consideration is mentioned as Rs. 4,00,000/- and advance of Rs. 25,000/- paid to Panneer Mohammed (A1) by his brother Azad Mohameed (A11) the purchaser. The sale agreement was registered at Melur Sub- Registrar Office on 25.11.2005. This agreement remained incomplete. 11 . Nine years thereafter, when the Directorate of Enforcement registered ECIR/CEZO/03/2014 on 30.06.2014 and commenced its investigation, particularly, after Panneer Mohamed (A1) was summoned under Section 50(2) and 50 (3) of the PMLA, for enquiry on 16.06.2017, A1 called Manimegalai (A15) and made her to cancel the Power of Attorney executed in his favour about 14 years earlier (23.05.2003) and got the cancellation deed registered on 16.06.2017. On the same day, the sale agreement with his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd A7, who are brothers and are sons of Rabeek Raja (A2), who is one of the Directors of M/s.Madurai Granites and Exports. They are roped in the case because of their relationship with A1 and A2. For A6, it is contended that, the complaint alleges that he (A6) had purchased 13 properties worth about Rs. 9.49 Crores and there is every reason to believe it was purchased from the proceeds of crime viz., illegal mining of granite from the area beyond the permitted extent. The explanation offered by him and his brother (A7) that they are doing business independently and they are not connected with the business of their parents not taken into consideration. For their income, they are paying tax, that fact not been considered by the complainant. All the documents filed by them to establish their innocence were totally suppressed. 16 . Likewise, for A7, it is contended that, in the complaint, it is alleged that A7 had purchased 7 numbers of properties worth Rs. 6.83 Crores from out of proceeds of crime. During enquiry, he (A7) had produced material records to show that he was doing business independently without any connection whatsoever with his parents. He and his brother Yasar Arabath ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which explicitly provides for joint trial of both the predicate offence and the money laundering offence by the same Court designated to try PMLA offences. If, in case, the predicate offence finally end in acquittal or discharge or quashed by the Court, there can be no offence of money laundering. 19 . For further clarity, it is sufficient to refer one paragraph in Vijay Madanlal Choudhary's case as paginated in 2022 Livelaw (SC) 633 , which gives quietus to the said argument:- ''175A. Needless to underscore that the 2002 Act is intended to initiate action in respect of money-laundering activity which necessarily is associated with the property derived or obtained by any person, directly or indirectly, as a result of specified criminal activity. The prosecution under this Act is not in relation to the criminal activity per se but limited to property derived or obtained from specified criminal activity. Resultantly, the inclusion of criminal activity which has been regarded as non-cognizable, compoundable or minor offence under the concerned legislation, should have no bearing to answer the matter in issue. In that, the offence of money-laundering is an independent offen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ique Raja, Melur, Madurai, for the subject property is only Rs. 10,50,000/-, whereas the Guideline value is Rs. 1,02,00,000/- and the Fair Market Value is much higher. Shri C.Panneer Mohamed (Accused No.1 herein) in conspiracy with Smt. S.Manimegalai and others had transferred the landed property of 35 Cents at Melur into the name of Shri S.Siddique Raja in order to escape the clutches of law, which is nothing but an act of laundering the proceeds of crime derived by him out of the commission of offences in FIRs/Final Reports of Madurai District Police of Tamilnadu. Therefore, it stands to reason that the subject landed property as detailed below is nothing but property involved in Money laundering. Accordingly, it stands to reason that Smt. S.Manimegalai has been knowingly is a party to the activities connected with the proceeds of crime derived by Shri C.Panneer Mohamed (Accused No.1 herein), who have obtained/purchased the subject property in his name out of the ill-gotten earnings from the crimes committed by them vide the above FIR and Final Report filed therein, and thus committed the offence of money laundering under Section 3 of PMLA, 2002 and has been guilty of offence of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion and enjoyment of A1. The consideration shown in the sale receipt, sale agreements and the sale deed were paid by A1 along with the difference in sale price. In the absence of these link material, the conclusion arrived by the complainant remains without base. There is no material to show the sale price for the sale deed executed in favour of Siddique Raja through her Power Agent Bilal Mohammed was actually paid byA1. 24 . Except the fact that A1 in the year 2003 held the Power of Attorney for this accused/petitioner in respect of this property and she executed a sale receipt for Rs. 6,60,000/- and later cancelled it after 14 years, before she alienated the property to Siddique Raja through her power agent Bilal Mohammed, there is no connection with this property to the accused named in Crime No.154 of 2012, which is the predicate offence. 25 . The sale agreement in favour of Azad Mohammed (A11) in the year 2005 and its subsequent cancellation, the sale agreement with Phyrose Begum through Bilal Mohammed may have any relevancy, only if those transaction had link with transfer of title in favour of the present purchaser (Siddique Raja / A15). It is not the case of the complainant ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
