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2017 Supreme(Ker) 839

P.N.RAVINDRAN, DAMA SESHADRI NAIDU
Kavitha G. Pillai – Appellant
Versus
Joint Director, Director of Enforcement, Government of India – Respondent


Advocates Appeared:
For the Appellant :M. Ramesh Chander, Sr. Advocate.
For the Respondent: C.G. Preetha, CGC, N. Nagaresh, Assistant Solicitor General.

JUDGMENT :

Dama Seshadri Naidu, J.

1. Someone owns brand-new vehicles and valuable house-property. Faced with the allegation of cheating and defrauding many people in the name of medical-college admissions, she is called on to explain that the funds she used to buy the property are not proceeds of crime. The burden is on her. Her failing to explain, she faces mone laundering charges. How to prove the source of funds and how to discharge the burden are the questions we face in this case.

The Controversy:

2. Appellant Kavitha G. Pillai runs a proprietary concern, K.G.K. Group Software Training and Career Guidance Centre, at Ernakulam. She faces these allegations: She promised to several students admission into MBBS/MD courses in various medical colleges in Kerala and collected about Rs.3.67 crores from their gullible parents. She along with certain other persons cheated those persons and used the proceeds of crime to buy vehicles and properties. To be explicit, the properties included two motor vehicles (two-wheelers) and a house of 2,100 sq. ft., on 1.89 acres of land in Edapally North Village, Kanayanoor Taluka, Ernakulam District. The immovable property is said to have cost Kavitha Rs















































































































































































































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