The involvement in actions related to proceeds of crime constitutes money laundering, emphasizing that the presumption applies even without clear identification of funds.

ORDER :

G.R. SWAMINATHAN, J.

Heard both sides.

2. The Assistant Director, Directorate of Enforcement, Chennai registered ECIR No.12 of 2015 against the revision petitioners herein. Later, the said authority filed complaint under Section 44 of the Prevention of Money Laundering Act, 2002 on the file of the Special Court constituted under Section 43 (1) of the Act against the revision petitioners herein for having committed the offence of money laundering. The Special Court took cognizance of the complaint in C.C No.11 of 2018.

3. The case of the complainant is as follows :

M/s.Deepa Impex India Private Limited was granted lease to quarry minor minerals in Melur in the year 1989. K.C.Chandran and his wife C.Chandra are directors of the said company. They entered into criminal conspiracy and illegally quarried granite stones from the nearby lands and non-lease patta lands and transported more minerals than permit obtained quantity. The authorities of the Department of Geology and Mining conducted detailed survey and valued the illegally quarried mineral at Rs.436.88 crores. It was specifically determined that the accused have made unlawful gain to the tune of Rs.261.89 crores. Hence, Crime No.159 of 2012 was registered against the accused on the file of the Keelavalavu Police Station for the offences under Sections 4 47 , 379, 120(B), 114, 109, 511, 420, 434, 465, 467, 468, 471, 304(ii) IPC and Section 4 of TNPPDL Act, 1992 and Section 6 r/w. 3(a) and 4(a) of the Explosive Substances Act. Investigation was conducted and final report was filed and the same was taken cognizance in C.C No.11 of 2018 on the file of the Judicial Magistrate, Melur. Totally eight persons including the revision petitioners herein had been arraigned as accused in the case. Based on the aforesaid scheduled offences, ECIR No.12 of 2015 was registered against the revision petitioners herein. The revision petitioners were summoned under Section 50 of the Prevention of Money Laundering Act, 2002 and examined. Investigation was conducted and information from various authorities was elicited. The investigation revealed that illegal quarrying had taken place right upto 2012 and that the petitioners herein had committed scheduled offences as defined under Section 2 (1)(x) and (y) of the Prevention of Money Laundering Act, 2002. As per the valuation report of the Department of Geology and Mining, the proceeds of the crime had been determined as Rs.261.89 crores. Out of this unlawfully generated income, properties have been purchased. One such property is covered under Doc No.1526 of 2010 registered on the file of the SRO, Periamet. The revision petitioners have projected the said property as an untainted property. This property has been attached under Section 8 (3) of the Act. The revision petitioners filed Crl MP No.1371 of 2022 under Section 2 27 of Cr.Pc for discharging them from this case. The discharge petition was dismissed vide order dated 19.03.2024. Challenging the same, this revision petition has been filed.

4. The learned counsel for the revision petitioners submitted that though license was obtained in 1989 for quarrying mines, the quarry itself was handed over to one P.R.Palanichamy in 1999 for a sum of Rs.60.00 lakhs and that the petitioners herein had thereafter nothing to do with any quarrying activity in Melur. As regards the purchase of the property bearing Dr.No.2, Aspiran Garden Colony, 2^nd Street, Kilpauk, it was purchased in the name of the second petitioner and their son K.C.Karthick Madhav. The property belonged to M/s.TTG Industries Limited. Even according to the complainant, there was a sale agreement between the first petitioner and M/s.TTG Industries in the year 1992. The