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P.N.PRAKASH, J.

For the sake of convenience, the parties will be referred to by their names.

https://www.mhc.tn.gov.in/judis/ CRL.O.P.(MD) No.11941 of 2019

2. The facts in brief are as under:

2.1. P.Palanichamy is a mining baron and the founder of the partnership firms viz. M/s.PRP Exports, M/s.PRP Granites and M/s.PRP Granite Exports, engaged in granite mining in and around Madurai. The firms started by him obtained mining leases from the Government and it is alleged that these firms did not confine themselves to the areas licensed to them, but, went on a plunder spree, by illegally mining every possible landscape in and around Madurai.
“9. In view of the foregoing investigation and the evidences available on records, it is reasonably believed that the said Shri/Smt.P.Palanisamy, P.Senthilkumar, P.Sureshkumar, A.Maharajan, P.Selvi, S.Chandraleka and M.Sivaranjani, partners of M/s.PRP Exports, M/s.PRP Granites and M/s.PRP Granite Exports, during the period from 2006-07 to 2012-13 have utilised funds aggregating to Rs.102.95 crores (Rupees one hundred and two crore and ninety five lakhs only) out of the proceeds derived from the above said criminal acts towards the acquisition/purchase of immovable properties having present market value of Rs.527 Crores (Rupees five hundred and twenty seven crore) in the name of M/s.PRP Exports, M/s.PRP Granites and M/s.PRP Granite Exports. Further, Rs.32,57,275/- (Rupees thirty two lakhs fifty seven thousand two hundred and seventy five only) in the form of fixed deposit (FDR) with State https://www.mhc.tn.gov.in/judis/ CRL.O.P.(MD) No.11941 of 2019 Bank of India, Madurai in the name of M/s.PRP Exports. The trade proceeds of M/s.PRP Exports and M/s.PRP Granites derived thereafter as well as the business income/earnings gained out of the said investment, by relentlessly incubating the taint of the proceeds of crime had resulted in its accruals camouflaged in the organizational system and thus any investments made in the form of the acquisition of immovable and movable properties are involved in money laundering.”
“13.7. It is humbly submitted that Smt.P.Selvi (A7), W/o.Shri.P.Palanisamy knowingly assisted in the business as Partner of M/s.PRP Exports, PRP Granites and M/s.PRP Granite Exports to conduct the business and in the capacity of partner did not participate in the business of the companies. Smt.P.Selvi admitted in her statement recorded under Section 50(2) and 50(3) of PMLA that she was house wife and admitted that she was partner of M/s.PRP Exports and PRP Granites from 2003 to 2010. The offence cases are registered against the partners of M/s.PRP Exports, M/s.PRP Granite by Madurai District Crime Branch Police Department and the same are under investigation. She (A7) was the Partner of PRP Exports and PRP Granites holding PAN number and her income from granite business were assessed by income tax department periodically. She can read and write in English very well and was aware that she was partner in the Granite business. Smt.Selvi (A7) had thorough knowledge about the movable and immovable properties acquired in the name of PRP Exports and PRP Granites. As such, she has knowingly assisted the other partners namely Shri.P.Palanisamy (A4), P.Senthil Kumar (A5) and P.Suresh Kumar (A6) in acquisition, possession in the name of M/s.PRP Exports, PRP Granites and PRP Granite Exports and used the proceeds of crime to acquire immovable property to project and claiming it as untainted and therefore, Smt.P.Selvi (A7), W/o.P.Palanisamy has been guilty of offence of Money https://www.mhc.tn.gov.in/judis/ CRL.O.P.(MD) No.11941 of 2019 Laundering by virtue of Section 2(1)(p) read with Section 3 of the PMLA and is liable to be punished under Section 4 of the PMLA.

13.8. It is humbly submitted that Smt.S.Chandraleka (A8), W/o.Shri.P.Senthil Kumar knowingly assisted in the business as Partner of M/s.PRP Exports, PRP Granites and M/s.PRP Granite Exports to conduct the business and in the capacity of partner did not participate in the business of the companies. Shri.S.Chandraleka admitted in her statement recorded under Section 50(2) & 50(3) of the PMLA admitted that she was partner of PRP Exports and PRP Granites from 2003 to 2010. The offence cases are registered against the partners of M/s.PRP Exports, PRP Granite by Madurai District Crime Branch Police Department and the same are under investigation. She (A8) was the partner of PRP Exports and PRP Granites holding PAN number and she did not file her income tax return knowing very well that her income was within the exemption limit. She can read and write in English very well and was aware that she was partner in the Granite business. Smt.Chandraleka had thorough knowledge about the movable and immovable properties acquired in the name of PRP Exports and PRP Granites. As such, she has knowingly assisted the other partners namely Shri.P.Palanisamy (A4), P.Senthil Kumar (A5) and P.Suresh Kumar (A6) in acquisition, possession in the name of M/s.PRP Exports, PRP Granites and PRP Granite Exports and used the proceeds of crime to acquire immovable property to project and claiming it as untainted and therefore, Smt.S.Chandraleka (A8), W/o.P.Senthil Kumar has been guilty of offence of Money Laundering by virtue of Section 2(1)(p) read with Section 3 of the PMLA and is liable to be punished under Section 4 of the PMLA.” (emphasis supplied) A reading of the above appears that, Selvi (A7) and Chandraleka (A8) knowingly assisted in the business of the partnership firms, but, did not participate in the business of the companies.