2021 (8) TMI 134

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.... him by the Enforcement Directorate for the offence under Section 3 read with 4 of the Prevention of Money Laundering Act, 2002 (in short "the PML Act"). 3. Heard Mr. B. Kumar, learned Senior Counsel representing Mr. S. Ramachandran, learned counsel on record for Dr. R. Gunaseelan (A2) and Mr. P. Saravanan, learned Special Public Prosecutor appearing for the Enforcement Directorate. 4. To appreciate the rival contentions, it may be necessary to set out the foundational facts. 4.1. One Dr. S. Murugesan (A1) was a Member of the Dental Council of India and Dr. R. Gunaseelan (A2) was nominated by the Tamil Nadu State Government as a Member of the Dental Council of India. 4.2. Adhiparasakthi Dental College & Hospital, Melmaruvathur (in short....

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....nvestigation, the Enforcement Directorate has filed the impugned complaint against Dr. S. Murugesan (A1) and five others, in which, Dr. R. Gunaseelan has been shown as A2. 5. A reading of paragraph 7.4 of the complaint in C.C.No.1/2019 shows that the proceeds of crime has been determined as the sum of Rs. 25,00,000/- that was seized by the CBI in the clinic of Dr. S. Murugesan (A1) on 07.01.2013. We are unable to understand as to how, Dr. R. Gunaseelan (A2) can be prosecuted under the PML Act, for the seizure of Rs. 25,00,000/- by the CBI in the clinic of Dr. S. Murugesan (A1). 6. For maintaining a prosecution under Section 3 of the PML Act, the following three ingredients are sine qua non : (a) A person should have committed a criminal....