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2020 (3) TMI 1089

..... er filed appeal before the Judicial First Class Magistrate Court, Pattambi under Section 451 of Cr.P.C and under section 132 of the Income Tax Act, 1961 for getting the custody of the amount seized by the 2nd respondent to the Income Tax Department, which was allowed by the learned Magistrate. It is also equally not in dispute, that aggrieved by the said order rendered by the learned Magistrate, the petitioner has preferred a Crl.Revision Petition which is now pending before the Sessions Court, Palakkad. Since the legality and correctness of the said issue decided by the learned Magistrate in giving custody of the seized amount to the 2nd respondent is now pending consideration before the Sessions Court,even going by the admitted case of th .....

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..... The case set up in this writ petition (civil) is as follows: - That, the petitioner is a dealer engaged in business of gold ornaments and jewels in the name and style of 'M/s. Firdous Gold Pattambi LLP' and is a registered dealer under Goods and Service Tax and also an income tax assessee. On 08/01/2019, an FIR was registered by the 2nd respondent against one Muhammed Sahir and two others in crime No. 07/2019. The allegation was that the accused along with two others were transporting ₹ 99,00,000/- without any proper or valid documents in support of the source of money. The aforesaid amount was taken into custody by the 2nd respondent officer and produced before the Judicial First Class Magistrate Court. The petitioner even pr .....

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..... t Federal Bank, Malappuram. The petitioner made a purchasae order on 07/01/2019 with JB Bullion (Dealer of God, Thrissur) for 3Kg of Bullion at the rate of ₹ 32,53,000/- per kilogram. Due to lack of money in their bank accounts, the petitioner carried over this much liquidated money with them to remit in the bank. The petitioner makes a regular payment more than ₹ 20,00,000/- to his bank account in Federal Bank at Malappuram Branch in his account No.11025500171891. It was admitted that petitioner delegated the 1st and the 2nd accused for remitting the amount in his bank account, but due to some reasons beyond their control, the 1st and the 2nd accused was not able to remit the amount and hence they were in need to get back with .....

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..... r or direction directing to restrain the 1st and the 3rd respondent, initiating further proceedings against the petitioner and his concerns during the pendency of R.C. 231/2019 before the Judicial First Class Magistrate Court, Pattambi. 2. Heard Sri. P.N. Damodaran Namboodiri, learned counsel appearing for the petitioner and Sri. Jose Joseph, learned standing counsel for the Income Tax Department, Government of India, appearing for respondent Nos. 1 and 3 and Sri. Jestin Mathew, learned Government Pleader appearing for R2 State of Kerala. 3. It is not in dispute that the 1st respondent had earlier filed Crl.M.P. No. 248/2019 in RC No. 231/2019 before the Judicial First Class Magistrate Court, Pattambi under Section 451 of Cr.P.C and under s .....

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