Kerala High Court
Unknown vs By Adv. Sri.C.P.Mohammed Nias on 23 April, 2016
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 19TH DAY OF DECEMBER 2016/28TH AGRAHAYANA, 1938
Crl.MC.No. 4336 of 2016 ()
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AGAINST THE ORDER IN CMP 2912/2015 of J.M.F.C.-I,THAMARASSERY DATED
23-04-2016
CRIME NO. 357/2015 OF THAMARASSERY POLICE STATION , KOZHIKODE
PETITIONER/PETITIONER
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SACHIN VILAS KADAM
S/O VILAS, PERMANENTLY RESIDING AT KOUTHOLI,
ATPADI SANGLI, TEMPORARILY RESIDING AT P.T.HOUSE,
PUTHIYARA, CALICUT.
BY ADV. SRI.C.P.MOHAMMED NIAS
RESPONDENTS/COMPLAINANT, STATE.:
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1. STATE OF KERALA
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-682031.
2. SUB INSPECTOR OF POLICE,
THAMARASSERY POLICE STATION,
KOZHIKODE -673573.
3. UNION OF INDIA,
INCOME TAX DEPARTMENT,
REP.BY DEPUTY DIRECTOR,
INCOME TAX (INVESTIGATION)
INCOME TAX OFFICE, MANANCHIRA,
KOZHIKODE-673001.
R3 BY SRI.JOSE JOSEPH, SC, FOR INCOME TAX
R1 & 2 BY PUBLIC PROSECUTOR SMT. MAYA M.N
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19-12-2016, ALONG WITH CRMC. 4337/2016, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.MC.No. 4336 of 2016 ()
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APPENDIX:
PETITIONER'S ANNEXURES:
ANNEXURE A1: COPY OF FIR IN CRIME NO.357/2015 REGISTERED BY the
1ST RESPONDENT.
ANNEXURE A2 TRUE COPY OF THE CMP.NO. 2912/2015 IN CR.NO. 357/2015
FILED BY THE PETITIONER BEFORE THE COURT OF JUDICIAL FIRST CLASS
MAGISTRATE I, THAMARASSERY.
ANNEXURE A3 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE 2ND
RESPONDENT IN CMP.NO. 2912/2015 IN CR.NO. 357/2015 BEFORE THE COURT
OF JUDICIAL FIRST CLASS MAGISTRATE I, THAMARASSERY
ANNEXURE A4 CERTIFIED COPY OF THE ORDER DATED 23.04.2016 PASSED BY
THE LEARNED MAGISTRATE IN CMP.NO. 2912/2015 IN CR.NO. 357/2015.
RESPONDENTS' ANNEXURES: NIL
TRUE COPY
P.A. TO JUDGE.
kp
RAJA VIJAYARAGHAVAN.V., J
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Crl.M.C. Nos. 4336 & 4337 of 2016
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Dated 19th December, 2016
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ORDER
1.The petitioner herein had filed separate applications before the Judicial Magistrate of the I Class-I, Thamarasserry seeking interim release of the currency notes worth Rs.1,42,47,000/-(Rupees one Crore forty two lakhs and forty seven thousand) seized by the Sub Inspector of Police, Thamarassery in Crime No. 358/ 2015 and Crime No 358 of 2016 respectively.
2.The 3rd respondent also had filed applications seeking release of the currency notes to the department.
3.The said applications were considered by the learned Magistrate and by common order dated 23.4.2016 rejected the prayer of the petitioner herein and ordered the release of the cash to the 3rd respondent.
4.In this petition though the order granting release of the cash to the 3rd respondent is under challenge, when the Crl.M.C. Nos.4336 & 4337 of 2016 -2- matter came up for hearing, the learned Counsel appearing for the petitioner submitted that the only prayer is to issue necessary directions to the Court below to deposit the cash in a Nationalized Bank/Treasury as the currency notes of Rs 500 and Rs 1000 denomination will cease to be legal tender after 31.12.2016.
5.The learned Standing Counsel appearing for the 3rd respondent submits that though orders were passed in favour of the Department of Income Tax, they have not executed the bond till date for want of approval from the Directorate. In the facts and circumstances, I am of the view that the prayer can be allowed subject to conditions. A detailed mahazar shall be prepared and photographs shall be taken as per the guidelines issued in paragraph No.11 in the case of Sunderbhai Ambalal Desai v. State of Gujarat [2003(2) KLT 1089].
6.Having regard to the facts and circumstances, the learned Crl.M.C. Nos.4336 & 4337 of 2016 -3- Magistrate is directed to take urgent steps to deposit the currency notes seized in Crime No. 358 of 2015 and Crime No. 358 of 2016 of the Thamarassery Police Station in any Nationalized Bank / Treasury or in any appropriate mode that the learned Magistrate may deem fit and proper. As and when the bond is executed by the 3rd respondent, appropriate orders can be passed and the cash can be transferred to the 3rd respondent.
These petitions are disposed off.
Sd/-
RAJA VIJAYARAGHAVAN.V., JUDGE kp/19.12.16