TMI Blog2010 (10) TMI 1170X X X X Extracts X X X X X X X X Extracts X X X X ..... osecutor for Respondent. COMMON ORAL ORDER These petitions have been filed by the Income Tax Department challenging common orders passed by the learned Additional District and Sessions Judge, Surat dated 30th April 2010 disposed of Criminal Appeal No.15 of 2008 and Criminal Revision Application No.86 of 2008 filed by the respondent No.1 original accused. Shortly stated the facts ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the orders passed by the learned Magistrate handing over custody of currency notes to the Income Tax Department. He further directed the learned Magistrate to hold inquiry in terms of provisions of Code of Criminal Procedure and pass final order with respect to such Mudamal articles. These directions have been challenged in the present petitions. In essence, the case of the Income Tax Department i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at any assets represent either wholly or partly income or property which has not been, or would not have been, disclosed for the purposes of the Indian Income Tax Act, by any person from whose possession or control such assets have been taken into custody by any officer or authority under any other law for the time being in force, may require such authority to deliver such books of accounts, other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 132A once the proceedings is initiated by the Department. Under Section 132A of the Act, neither the court nor the police authority has the power to release the currency notes. Hence, the scope of inquiry under Section 451 of the Code as also under Section 132A of the Act is quite different. The intention of the Legislature by incorporating Section 132 of the Act is only to protect the inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Before closing, it is clarified that in case of rival claims if ultimately the Income Tax Department does not require the currency notes for its purpose, the same would have to be placed at the disposal of the learned Magistrate for passing appropriate order under Section 452 of the Code of Criminal Procedure. In the present case, admittedly there are no rival claims and to obviate difficulty of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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