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2021 (2) TMI 1276

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....is credit, 26 criminal cases, including murder cases, attempt to murder cases, extortion cases and cases under the Arms Act. Police say that he started his career as a petty bootlegger, but, diversified his enterprise into serious crimes like extortion and murder when he found it to be very lucrative. It is said that he escaped to Dubai and continued to remote control his criminal empire with his minions in India until his demise on 04.10.2017. 2 The Superintendent of Police, Kanchipuram, forwarded a letter dated 03.03.2016 to the Enforcement Directorate stating that Sridhar has been evading judicial proceedings in India for a period of three years; a red corner notice has been issued against him by the C.B.I, National Central Bureau - Ind....

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....oner cannot be prosecuted under the PML Act for the alleged sins of her father, inasmuch as, she had no knowledge that her father had acquired the assets that stand in her name with the proceeds of crime and that she is a student, her date of birth being 17.10.1994. He further contended that, in this case, there are no proceeds of crime at all, inasmuch as, the 22 FIRs relate to cases of physical violence, trespass and criminal intimidation and that in none of the FIRs, there is any reference that Sridhar had gained monetarily from the alleged criminal activity. Thus, according to Mr.Rajarathinam, in the absence of any proceeds of crime involved in the FIRs against Sridhar, the prosecution stands vitiated. In support of his submissions, he ....

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....he complaint, the Enforcement Directorate has given the guideline value of the properties acquired by Sridhar and his cohorts and has also given the actual price paid for the properties. The margin between the two, viz., the guideline value and the actual purchase price, appears to be very wide. For instance, there are 10 immovable properties in the name of the petitioner for which the guideline value is around Rs. 19 crores, whereas, the actual purchase price is only around Rs. 3.50 crores. This, prima facie, shows that prime properties have been acquired for peanuts by criminal intimidation, extortion and threat of murder. 10 As regards the contention of Mr. Rajarathinam that in the 22 FIRs, there is no reference to the obtainment of any....

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....riginal intention when Section 3 was first enacted. 13 Why does one designedly engage in criminal activities? Apart from several other reasons, one reason is to acquire riches for himself and his family members. In this context, it is worth referring to an anecdote that led to the Ramayana being written. When sage Narada asked the highway robber Ratnakara as to why he was indulging in robbery, the latter replied that he was doing it for maintaining his wife and children. When Narada asked him as to whether his wife and children would share the sins that would flow from such illegal activities, Ratnakara replied confidently that they would. Unable to countenance his reply, Narada asked Ratnakara to verify from them and get back to him. When....