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2018 (3) TMI 1915 - SC - Indian LawsIllegally printed lottery tickets recovered during investigation - possession of huge cash explained or not - Sections 294(A), 420 and 120(b) Indian Penal Code - HELD THAT:- The assessment made by the High Court at a stage when the investigation was yet to be completed, is completely incorrect and uncalled for. Presence of two crucial facts was enough to let the investigation go on, namely, recovery of huge amount of cash of ₹ 7.2 crores from the house of one of the Accused and that such recovery was accepted by the Accused. The explanation given by them about the alleged transaction of agreement of sale and receipt of cash in pursuance thereof does not prima facie appear to be correct. The agreement is stated to have been entered on 02.03.2012 while the stamp paper in question was issued by the relevant department on 09.03.2012 to the vendor which was later sold to lady named Vimla on 13.3.2012. Whether the possession of huge cash amounting to ₹ 7.2 crores can be explained by the Accused and whether such explanation be accepted or not, are all matters which will be gone into at the relevant stage in the proceedings. The investigation in any case ought not to have been set at naught but it ought to have been permitted to be taken to its logical conclusion. While the investigation was still incomplete, the High Court ought not to have interfered in the present case - the view taken by the High Court is set aside - appeal allowed.
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