TMI Blog2021 (8) TMI 134X X X X Extracts X X X X X X X X Extracts X X X X ..... en in the prosecution that has been launched by the CBI in C.C.No.15/2014 against Dr. S. Murugesan (A1) and the representatives of Adhiparasakthi College. The impugned complaint of the Enforcement Directorate shows that Dr.S.Murugesan (A1) had demanded ₹ 1 crore from Asan Memorial educational institution to give them permission for starting dental course. In connection with this allegation, the CBI registered a case in RC.MA1.2013. A.0004 dated 08.02.2013 and after completing the investigation, filed a final report in C.C.No.13/2014 in the IX Additional Special Court for CBI Cases against Dr. S. Murugesan (A1) and Dr. R. Gunaseelan (A2) for the offences under Sections 120-B read with Sections 7, 8, 12 and 13(2) read with 13(1)(d) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Dental Council of India. 4.2. Adhiparasakthi Dental College Hospital, Melmaruvathur (in short Adhiparasakthi College ), which was already offering B.D.S. course in their college, wanted affiliation for M.D.S. course. 4.3. It is alleged that Dr.S.Murugesan (A1) demanded a bribe of ₹ 25,00,000/- for giving M.D.S. affiliation for Adhiparasakthi College and they also agreed for it. The CBI got wind of this and maintained surveillance around Dr.S.Murugesan's (A1's) clinic on 07.01.2013. On that day, representatives of Adhiparasakthi College came to Dr.S.Murugesan's (A1's) clinic and while they were handing over the sum of ₹ 25,00,000/-, the CBI sleuths swooped on them and seized the bribe amount of S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecution under Section 3 of the PML Act, the following three ingredients are sine qua non : (a) A person should have committed a criminal activity; (b) that criminal activity should have generated some proceeds of crime; (c) such proceeds of crime should have been projected by the accused as untainted property. 7. In this case, the proceeds of crime quantified by the Enforcement Directorate at ₹ 25,00,000/-, being the bribe amount that was received by Dr. S. Murugesan (A1) in his clinic on 07.01.2013, was seized by the CBI and therefore, there was no scope for Dr. R. Gunaseelan (A2) to project it as untainted money. Superadded, Dr. R. Gunaseelan (A2) is not a co-accused even in the prosecution that has been launched b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... him to face trial. 11. Be that as it may, the Enforcement Directorate has narrated the events relating to the Asan Memorial case in the impugned complaint, but, has not stated what was the proceeds of crime that was acquired by Dr. R. Gunaseelan (A2) and which was projected by him as untainted property. The impugned complaint filed by the Enforcement Directorate is predicated on the bribe amount of ₹ 25,00,000/- relating to Adhiparasakthi College, which, as stated by us above, cannot form the basis for prosecuting Dr. R. Gunaseelan (A2). In the result, this Criminal Original Petition is allowed and the proceedings against Dr. R. Gunaseelan (A2) in C.C.No.1/2019 on the file of the Principal Sessions Court, Chennai, is quashed. Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
