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2018 (7) TMI 2127 - HC - Indian LawsUnexplained cash - police seized cash from one Selvaraj on the basis of which the police registered Crime - petitioner, who claimed to be the employer of Selvaraj, filed an application under section 451 Cr.P.C. By the impugned order the learned Magistrate dismissed it - HELD THAT:- Department reported to the Magistrate that though notices was issued to Selvaraj from whom the cash was seized, he did not respond to it. This was the reason for the Magistrate's dismissing the application. I think the decision is correct. But the learned counsel submits that the Magistrate may be directed to reconsider the matter on merits after hearing the petitioner and the Income Tax Department and the Directorate of Enforcement. I think the request is reasonable. In the result this Crl.M.C is allowed. The impugned order is set aside. The petitioner is directed to implead the Income Tax Department and Directorate of Enforcement in the application filed under section 451 Cr.P.C. Thereafter, the learned Magistrate shall issue a notice to them and after hearing all the parties dispose of the matter in accordance with the law.
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