FINAL ORDER

02.05.2024 Present appeal under Section 26 of Prevention of Money Laundering Act is filed against the impugned order dated 20.12.2017 passed by the Adjudicating Authority in Original Complaint No. 795/2017 vide which Provisional Attachment Order No. 15/2017 dated 29.06.2017 for attachment of properties was confirmed, including the following properties of the appellant Sh. S Madhan:

2. As per the facts of the case, FIR No. 143 dated 04.06.2016 was registered by Central Crime Branch of Tamil Nadu at Chennai against the accused persons and the Management of SRM Group of Educational Institutions including the present appellant for the commission of offences under Section 406 & 420 IPC read with 34 IPC. The said FIR was registered on the basis of complaint dated 01.06.2016 lodged by K. Jayachandran for cheating him by the appellant and others on account of getting his sons admission for MBBS in SRM Medical College, Katankulanthur, Chennai.

As the offence under Section 420 of IPC is a schedule offence under Section 2 (1) (x) & (y) of PMLA, ECIR NO. 04/CEZO/2017 dated 17.03.2017 was registered by Directorate of Enforcement for investigation under the provisions of PMLA. During the course of investigation ED recorded the statement of many persons under Section 50(2) & (3) of PMLA and seized many documents for investigation.

During investigation statement of present appellant S.

Madhan was recorded wherein, he stated that during the year 2004 he met Shri Paarivendar, SRM Chancellor (Chairman of SRM Group of Educational Institutions) and made an agreement to give admission only to SRM Group, after which he slowly developed relationship with Shri Paarivendar. He stated that during the year 2007, he used to send near about 1000 students to SRM Group for various courses, for which he used to get commission of Rs. 2000/- for each seat.During such time Shri Paarivendar started a party namely Indiaya JananayakaKatchi (IJK Party) and made him All India Youth Wing Leader, after which he stopped the Yatin Educational Consultancyand worked for party. Shri Babu used to bring students from various places for MBBS seats in SRM, Chennai and Tiruchi Medical Colleges on commission basis, who was arrested by police on the basis of complaints made by various students and parents. Shri Sudheer worked with him in Vendhar Movies and was in charge of production distribution as well as admission in MBBS seats. Shri Sudheer used to get the mark sheets and other particulars from parents of students for scrutiny and handed over the list of students after scrutiny to him (Madhan), after which he (Madhan) used to take the list of students to Shri Paarivendar of SRM University and discuss about the seats and rates accordingly.In his further statement recorded on 19.04.2017,he admitted that the cash was given to him by the complainant for obtaining MBBS/PG seats in SRM University that he had received the cash in person from the parents and some payments were received by him through Shri Guna, an Accountant in M/s Vendhar Movies. In his further statement appellant