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2016 (3) TMI 757 - HC - Income TaxWarrant of authorization under section 132-A (1) - seeking release of such assets from police - application for release of money before Magistrate/Session Court under provisions of Cr.P.C. - Held that:- Section 132 (5) has specifically been omitted w.e.f. 1.6.2002 but it was existing when proceedings of case in hand were initiated, hence its subsequent omission would not be affected. On a reading section 132-A (1) (c), 2 and 3 read with section 132(5) of Act 1961, I clearly of opinion, if any assets has been seized by Police Officer, same can be requisitioned by Authorized Person under section 132A and when amount is remitted and delivered to Authorized Person of Income Tax department, it would be deemed to be a seizure of assets under sub-section (1) of Section 132A by Requisitioned Officer and will be governed by other provisions of Act 1961. At the time when application was filed by opposite party-1 and 2 before Magistrate, Competent authority has already requisitioned assets under section 132A from Police officials, who had thereafter delivered the same to competent authority of Income Tax department. So there was no occasion to seek release of such assets from police and that too without impleading Income Tax Department. Money so seized can be released by competent authority under provisions of Act 1961 Thus no application for release of money before Magistrate/Session Court under provisions of Cr.P.C. was maintainable.
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