TaxTMI 
TaxTMI 
2026 (4) TMI 1087
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....so directed the execution of an agreement in the prescribed form. Such agreement was executed on 13.08.2008. Pursuant thereto, Olympus Granites undertook quarrying activities in financial years 2009-10, 2010-11, 2011-12 and 2012-13 and paid seigniorage fees of Rs. 45,37,692/-. Granite blocks extracted from the quarry were transported after obtaining transport permits. 2. Subsequently, the quarry lease was cancelled on 06.09.2012 for the alleged violation of the condition pertaining to maintenance of a safety distance of 10 metres between the leased land and the Government poromboke land. A complaint in relation to illicit quarrying of granites was filed on 06.08.2012 by the Village Administrative Officer, Keelavalavu District, before the Keelavalavu Police Station. The complaint was inter alia under Sections 447 and 379 of the Indian Penal Code (the IPC) and Section 3(1) of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 (the TNPPDL Act) read with Sections 4(1), 4(2), 4(3) and 21(b) and 5 of the Mines and Minerals (Development and Regulation) Act, 1957. Based on the complaint, Crime No.161 of 2012 dated 06.08.2012 was registered against Olympus Granites ....
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....itional Solicitor General, assisted by Mr.K. Govindarajan, learned Deputy Solicitor General, advanced arguments on behalf of the Directorate of Enforcement. Both parties also filed written submissions. 6. The first contention on behalf of the revision petitioner was that no independent investigation was carried out under the PMLA. By referring to paragraphs 73 and 74 of the impugned order, learned counsel contended that no reasons are set out therein in support of the conclusion that there was an independent investigation. The next contention of learned counsel was that proceedings cannot be initiated under the PMLA unless there are proceeds of crime relating to the predicate offence. Learned counsel contended that the impugned order does not contain any reason in support of the conclusion that there is prima facie evidence of proceeds of crime. 7. While considering a discharge petition, he contended that the trial court was required to examine the materials so as to assess whether there is sufficient ground to frame charges and proceed with the matter. After submitting that such prima facie consideration and discussion of the materials is absent in the impugned order, learne....
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.... was sent by the Superintendent of Police informing the Directorate of Enforcement about the filing of the charge sheet in Crime No.161 of 2012. Thereafter, he submitted that independent investigation was carried out under the PMLA and a complaint was lodged before the Special Court, which was taken cognizance of as C.C.No.3 of 2020. 12. After submitting that the reports of Mr.Sagayam and Mr.Mohandas are sufficient to justify dismissal of this revision petition, learned Additional Solicitor General referred to documents filed along with the complaint. In particular, he relied upon the Government Order granting the quarry licence (Annexure - 8), the agreement dated 13.08.2008 between Olympus Granites and the Government of Tamil Nadu (Annexure 9), G.O.(D) No.161 dated 06.09.2022 cancelling the quarry licence (Annexure 10), the statements issued by the revision petitioner on 04.09.2014 and 01.07.2015 under Section 50 of the PMLA before the Assistant Director, Directorate of Enforcement, Chennai (Annexure 14) and sale deeds relating to properties purchased by the revision petitioner (Annexure 26). 13. By adverting to the impugned order, learned Additional Solicitor General conten....
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....ey-laundering if such person is found to have directly or indirectly attempted to indulge or knowingly assisted or knowingly is a party or is actually involved in one or more of the following processes or activities connected with proceeds of crime, namely:- (a) concealment; or (b) possession; or (c) acquisition; or (d) use; or (e) projecting as untainted property; or (f) claiming as untainted property, in any manner whatsoever; (ii) the process or activity connected with proceeds of crime is a continuing activity and continues till such time a person is directly or indirectly enjoying the proceeds of crime by its concealment or possession or acquisition or use or projecting it as untainted property or claiming it as untainted property in any manner whatsoever." 17. The text of Section 3 reveals that the offence of money laundering is committed if a person directly or indirectly attempts to indulge in or knowingly assists or knowingly is a party to or is involved in any process or activity connected with the proceeds of crime. Such process or activity includes the concealment, possession, acquisition, use, p....
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.... annexed to the complaint as Annexure 14. The statement allegedly made by him when questioned in relation to the immovable properties purchased by him is scanned and reproduced below: 22. The details of fixed assets purchased by the revision petitioner and allegedly provided while making the above statement are scanned and reproduced below: 23. As is noticeable from the alleged response to the question regarding the properties belonging to the revision petitioner, except the properties at Sl.Nos.15 and 16 of the table reproduced above, he has admitted that all the other properties stand in his name and belong to him. The sale deeds pertaining to these properties were annexed to the complaint as Annexure 26. 24. In the impugned order, the trial court has taken note of the fact that the revision petitioner was the Managing Director of Olympus Granites. The trial court also took note of the fact that the charge sheet under Section 173(2) of the Cr.P.C. covers scheduled offences as defined under Section 2(1)(u) of the PMLA. At paragraph 50 of the impugned order, the trial court noticed the respondent's averments with regard to the recording of the voluntary statement of the....
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....rds the movable and immovable properties involved in this case, the trial court has recorded that any conclusions regarding the same, including whether they constitute proceeds of crime, may be reached only after adducing evidence at trial. 26. Eventually, the following conclusions were recorded at paragraphs 76 and 77: "76) Therefore on perusal of the available documents relied by the respondent/ Complainant, this Court is of the view that there are prima facie evidence against the petitioner to proceed under PML Act and also for other offences. The allegation stated by the petitioner u/s. 227 Cr.P.C cannot thrown away the materials by the respondent/ complainant at the initial stage only by analyzing evidence adduced, this Court will come to the conclusion that the allegations against the petitioner is proved or not. Therefore for the above said reasons, this Court is of the view that the various allegations leveled by the petitioner against the respondent/ complainant cannot be decided without adducing elaborate evidence by the respondent/complainant. Further this Court is not inclined to allow this petition relying the allegations made by the petitioner /A2 and that....