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2020 (8) TMI 444 - HC - Income TaxUnexplained cash - seized cash from one Selvaraj - Excise officials have seized cash from Selvaraj on the basis of which a crime has been registered - Whether department has no right to hold the seized cash, the same will be returned to the court? - Magistrate has declined the application of the petitioner for interim custody of the money due to the pendency of proceedings in the Income Tax Department - HELD THAT:- Income Tax Department has not initiated any proceedings against the petitioner. Though Mr. Selvaraj has not responded to the summons issued, he has filed a statement to the effect that he has no objection in releasing money to the petitioner. The said Selvaraj is illiterate and a resident of Tamil Nadu. If the money does not belong to him, naturally he may not respond to the summons. In the circumstances, to meet the ends of justice, it is necessary that this Court pass appropriate orders on interim custody of the amount. Accordingly, the writ petition is disposed of directing the petitioner to file an undertaking before the Judicial First Class Magistrate's Court-I, Palakkad to the effect that if the amount of ₹ 10,00,000/- is released by the Income Tax Department, the petitioner shall produce the said amount before the Judicial First Class Magistrate's Court-I, Palakkad as and when required by the court. If the petitioner approaches the additional 4th respondent-Deputy Commissioner of Income Tax, Central Circle, Thrissur, along with a copy of the said affidavit and executes a bond with the Deputy Commissioner to the effect that the petitioner shall make available the said amount of ₹ 10,00,000/- as and when the Department of Income Tax initiates any proceedings on the issue and requires the petitioner to deposit the said amount.
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