9911796707
TMI Blog2012 (6) TMI 503X X X X Extracts X X X X X X X X Extracts X X X X ..... te that on 23rd Jan., 2001 petitioner was travelling allegedly in a jeep hired by him in District, Bhopal. The jeep was seized by the Station House Officer, Khajuri Sadak District-Bhopal and cash amounting to Rs. 6.5 lacs was seized from the vehicle in which the petitioner was travelling. 3. Records indicate that the petitioner made certain allegations against the police officer who had seized the vehicle and the cash, and petitioner has tried to indicate that the police officer was trying to extract a bribe of Rs. 1 lac. Be it as it may be, the matter was reported to the Superintendent of Police, Bhopal. With regard to seizure of the cash, Crime No. 14/1/2001 was registered against the petitioner for offences punishable under ss. 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is the case of the petitioner that with regard to criminal case registered against the petitioner, no action was taken and the police has submitted a closure report. However, it is seen from the records that the amount seized from the petitioner was deposited with the police authorities and the police authorities have resultantly deposited it with the Criminal Court, where the matter was registered by the police authorities. After the communication was received from the Superintendent of Police, Bhopal and on being satisfied that it was a fit case for taking action under s. 132A of the IT Act, 1961, the warrant of authorization was issued on 29th Jan., 2001 by the Director of IT (Inv.), Bhopal under s. 132A requiring the police authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court under s. 482 of CrPC being MCrC No. 2310 of 2003 and stay has been granted by this Court on 7th April, 2003 and the matter is sub judice before this Court. Consequently, the investigation directed by the Addl. District Judge had been stayed and the petitioner contends that he is being harassed unnecessarily for the last 8 years and the proceedings are not coming to an end. The IT Department is not concluding the proceedings in the matter and the petitioner is being harassed due to the delay. Being aggrieved with the aforesaid, this petition is filed for quashing the proceedings initiated by the IT Department under s. 132A and in support of this contention, reliance is placed to the law laid down in the case of CIT vs. Vindhya Metal Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inviting my attention to the proceedings held in the matter and the facts with regard to communication of the petitioner, argues that the petitioner explains source of the seized amount, as having being received by way of compensation, sale of agricultural lands and advance from a proposal for sale of certain house. Inviting my attention to the tabulated chart in this regard as pleaded in para 5.13 of the return filed by the IT Department, Shri Jain, learned counsel submits that the explanation given by the petitioner is unconvincing. The petitioner has submitted explanation with regard to certain transactions that have taken place from 3rd of June, 1994 upto 11th of December, 2001 and it is not known as to how the petitioner was carrying ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... regard to receipt of Rs. 6.5 lacs, which was seized from him while going in a jeep hired from the District Bhopal on 23rd Jan., 2001. The explanation given by the petitioner with regard to the cash seized from him indicates the following facts:- Sr. No. Date Amount Particulars 1. 3-6-1994 1,98,558 Compensation 2. 11-3-1997 3,86,000 Sale of agricultural lands 3. 11-3-1997 1,25,000 Sale of agricultural lands 4. 11-1-2001 1,00,000 Sale of agricultural lands 5. 11-12-2001 98,000 Sale of agricultural lands 6. 7-1-2001 2,50,000 Advance against proposed sale of a house No. 33 at Ward No. 9 Mundi 7. Nov., 2000 1,21,000 Sales proceeds of Tractor Trolley 9. If the aforesaid facts are analyzed, it would be seen that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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