ASSISTANT DIRECTORATE Vs. STATE

JUDGEMENT

(1.) Under assail is the Closure Report dtd. 14/11/2022 filed by the 1st respondent, accepted by the learned Judicial Magistrate-I, Alandur by order dtd. 17/11/2022 made in Crime No.304 of 2012.

(2.) Based on reliable information received on 12/3/2012 that crores of rupees of un-accounted money was available in the house bearing Door No.4, Old No.16, 25th Cross Street, Thillai Ganga Nagar, Nanganallur, Chennai - 600 061 belonging to Mr.Nagarajan, Son of Murugesan (Al in the predicate offence), house search was conducted and a sum of Rs.7,20,05,000.00 (Rupees Seven Crores Twenty Lakhs and Five Thousand) was seized. It was stated by Mr.Nagarajan/Al that the amount was the sale proceeds of lottery tickets of the State of Kerala and Maharastra, which were printed in Calcutta and Faridabad along with his partners Mr.Martin and Mr.Murthy (A2 and A3 in the predicate offence). Based on the said search, an FIR was registered in Crime No.304 of 2012 against Mr.Nagarajan/A1, Mr.Martin/A2 and Mr.Murthy/A3 for offences punishable under Ss. 294N, Sec. 420 and 120B of Indian Penal Code. (Sec. 420 IPC is a scheduled offence under Prevention of Money Laundering Act, 2002 hereinafter referred as PMLA).

(3.) Mr.Martin/A2, while filing the petition for Anticipatory Bail before the Court concerned, had produced an agreement for sale dtd. 2/3/2012 typed on stamp paper of the Government of Tamil Nadu bearing No.AE 147535, as if it was issued on 1/3/2012 to Mrs.Leema Rose by a stamp vendor Mr.Mayilsamy under which Mr.G.Murthy/A3 has purportedly entered into a sale agreement for a property in favour of the said Mrs.M.Leema Rose, wife of Mr.Martin/A2. Out of an agreed sale consideration of Rs.12,30,00,000.00, a sum of Rs.7,30,00,000.00 is purportedly to have been paid as advance by cash by Mrs.Leema Rose to Mr.G. Murthy and the amount of cash, which was seized in the house of Mr.Nagarajan/A1 on 12/3/2012 was the amount received under the sale agreement.