2023 (12) TMI 1439 - SCH - Income Tax

Seeking interim release of cash seized by the Circle Inspector of Police Mananthavady in the course of routine patrol duty - who is entitled to interim custody of the cash that has been seized by the Excise Preventive Officer during a routine check inside a bus? - Excise Department has closed the proceedings as they could not detect any wrongdoing on the part of the person from whom the cash was seized - HC held 2023 (9) TMI 1557 - KERALA HIGH COURT common order passed by the learned Magistrate will stand quashed. Assistant Director with whom the amounts were entrusted is ordered to return the amounts released to the learned Magistrate. Magistrate shall release the amount to the 1st petitioner on furnishing a bond for a sum of Rs. 40 lakhs (Rupees Forty Lakhs only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. HELD THAT - Heard learned counsel and Mr. Vikramjit Banerjee Additional Solicitor General appearing for the petitioner at length. We are not inclined to interfere with the impugned judgment and order. The Special Leave Petition is accordingly dismissed. Pending application(s) if any shall also stand disposed of.

Summary

The Supreme Court, through Hon'ble Justices B.V. Nagarathna and Ujjal Bhuyan, after hearing learned counsel and the Additional Solicitor General for the petitioner, declined to interfere with the impugned judgment and order. The Court held: "The Special Leave Petition is accordingly dismissed." All pending applications, if any, were also disposed of.