TMI Blog2022 (11) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... of the proceeds of crime, is also a question of fact which has to be decided only during trial. There are no infirmity in the orders passed by the trial Court in the discharge petitions warranting interference by this Court. Similarly, there are prima facie materials against Sonia and therefore, the prosecution against her cannot be quashed. The presence of Tataji and Sonia may be dispensed with on the conditions imposed - application disposed off. - W.P.No.22975 of 2022and W.M.P.No.21979 of 2022, Crl.R.C.No.608 of 2022 and C.M.P.Nos.6401 & 6402 of 2022 AND Crl.R.C.No.609 of 2022 and C.M.P.Nos.6398 & 6399 of 2022 - - - Dated:- 14-10-2022 - Honourable Mr. Justice P.N.Prakash And Honourable Mr. Justice Rmt.Teekaa Raman For th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... darajan/A-5 and (vi) N.Raveendranadha Reddy/A-6. 3.3. After completing investigation, the Enforcement Directorate has filed a supplementary complaint also against the aforesaid persons on 13.08.2018 with additional allegations. 3.4. The allegations found in the complaint against Tataji/A-3 read as under : 10.3. Shri T.D.Tataji (A3 herein) had knowingly assisted Shri T.D.Naidu (A1 herein), who has defrauded several persons including several innocent students, Andhra Bank, Union Bank of India, which are Public Financial Institutions/Nationalised Banks etc., to several crores of rupees, who is not having any legitimate source of income proportionate to the assets he owns in his name or in the name of the Trusts, which he was managing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es involved in various aforementioned offences and has been enjoying the income derived from the said properties and claiming the same as untainted properties. Thus, it is very well confirmed that Ms.T.D.Sonia (A4 herein) has indirectly involved in the offence of money laundering and knowingly is a party in possession, acquisition and use of the proceeds of crime and projecting the same as untainted property. Therefore Ms.T.D.Sonia (A4 herein) has been guilty of offence of money laundering under section 2(1)(p) r/w section 3 of the PMLA, 2002. 3.6. In the supplementary complaint, the details of the properties standing in the name of Tataji and Sonia have been set out and they include not only immovable properties, but also high-end vehi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd Mr.ARL.Sundaresan, learned Senior Counsel representing Mr.A.Saravanan, learned counsel on record for Tataji and Sonia and Mr.P.Sidharthan, learned Special Public Prosecutor for the Enforcement Directorate. 5. Mr.ARL.Sundaresan contended that Tataji and Sonia have not been shown as accused in the predicate offence and therefore, their prosecution under the PML Act, cannot be sustained. In support of this contention, he placed strong reliance on the judgment of the Supreme Court in Vijay Madanlal Choudhary and Others Vs. Union of India and Others (2022 SCC OnLine SC 929) , wherein, it is held as follows : 467. In light of the above analysis, we now proceed to summarise our conclusion on seminal points in issue in the following term ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rchased much before the loans that were allegedly obtained from the banks by T.D.Naidu and those properties were only settled on Tataji and Sonia and hence, their prosecution for the alleged possession of the alleged proceeds of crime, cannot be sustained. 8. This, in our view, is a disputed question of fact which could be decided only during trial and not in revision proceedings or in a petition under Article 226 of the Constitution of India. That apart, a reading of the supplementary complaint shows that high-end cars were purchased in the name of Tataji and Sonia and they were using them. To answer this point, we may profitably allude to the statement of law in paragraph 295 of Vijay Madanlal Choudhary (stated supra ), which reads ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... criminal activity that generated the proceeds of crime, but, if he is involved in some way or the other with the proceeds of crime so generated, he would be liable to be prosecuted under Section 3 read with 4 of the PML Act. Whether the cars were purchased from and out of the proceeds of crime, is also a question of fact which has to be decided only during trial. 9. In such view of the matter, we do not find any infirmity in the orders dated 29.10.2021 and 02.05.2022 passed by the trial Court in the discharge petitions in Cr.M.P.Nos.11655 of 2019 and 8009 of 2021, respectively, warranting interference by this Court. Similarly, there are prima facie materials against Sonia and therefore, the prosecution against her cannot be quashed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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