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Issues: Whether the school building constructed on leased land, to the extent funded from monies traced to an unlawful organisation and its activities, could be treated as proceeds of crime and confirmed for attachment under the Prevention of Money Laundering Act, 2002, despite the appellant's claim that the lease had been terminated and title over the land had reverted to him.
Analysis: The disputed funds were traced to donations received by a network of trusts linked to the activities of an unlawful organisation and its president, whose speeches and associated activities were investigated as scheduled offences under the Unlawful Activities (Prevention) Act, 1967. The record showed that a substantial sum was transferred from the main trust to the educational trust and that a large portion was used for construction of the school building on the appellant's land. The lease arrangement and the timing of its termination did not sever the connection between the building and the tainted funds. The presence of the funds from the unlawful organisation, the use of those funds in construction, and the circumstances recorded by the adjudicating authority supported the inference that the property was derived from criminal activity and that the appellant was not a stranger to the arrangement.
Conclusion: The attachment of the school building was upheld and the appellant's challenge failed.
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