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2020 (3) TMI 1118

..... d against the said order is pending disposal before the Sessions Court. Evidently, now the Income Tax Department is in seisen of the matter and had already initiated 'centralization proceedings'. They are now keeping custody of the money based on an order passed by the Magistrate's Court. It is for the appellant to approach the appropriate authority in the Income Tax Department claiming ownership and release of the amount, pending finalization of the proceedings, on adducing proof with respect to its ownership. They can also purse the remedy of revision petition filed before the Sessions Court. This court, by exercising the powers vested under Article 226 of the Constitution of India, cannot issue any direction with respect to r .....

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..... lice, Koppam Police Station, Palakkad had registered a crime with FIR No.07/2019, against one Sri. Muhammed Sahir and two others on the allegation that an amount of ₹ 99,00,000/- were seized from them, while transporting the amount without proper and valid documents in order to prove the source of the said amount. The money seized was produced before the Judicial First Class Magistrate's Court, Pattambi, wherein the case was registered as R.C. No.231/2019. The petitioner moved Crl.M.P. No.479/2019 before the said court, under Section 451 Cr.P.C., seeking to release the money in interim custody to them. The said application was considered along with a petition filed by the 1st respondent as C.M.P. No.248/2019 wherein the authoritie .....

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..... the amount. It is made clear that the petitioner is ready and willing to furnish any sort of security, as insisted upon. The petitioner had produced Ext.P9 notice issued by the Income Tax Officer, Kozhikode to one of the accused in the case, intimating the proposal that the case will be transferred to the Deputy Commissioner of Income Tax, Central Circle-2, Kozhikode. By the said notice the accused was required to submit objections if any, and to appear for personal hearing with respect to the proposal. In the Writ petition the petitioner also challenged Ext.P9. Inter alia, it is prayed to restrain the 1st and 3rd respondent from initiating any further steps in the matter, during the pendency of the case before the Judicial First Class Magi .....

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..... 002)123 TAXMAN 577(All). 5. When the above writ appeal came up for admission, we directed the Standing Counsel for the Government of India(Taxes), who entered appearance on behalf of the respondents 1 to 3, to ascertain the stage of proceedings if any initiated by the Income Tax Department pursuant to seizure of the money. It was also directed to ascertain whether any claim petition was submitted by the appellant before any appropriate authority in the Department, claiming ownership over the amount. Learned Standing Counsel on instruction from the Principal Commissioner of Income Tax, Kozhikode submitted that, "centralization proceedings" were already initiated against the accused persons and the matter has to be dealt with by the .....

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..... ease of the amount, pending finalization of the proceedings, on adducing proof with respect to its ownership. They can also purse the remedy of revision petition filed before the Sessions Court. At any rate, this court, by exercising the powers vested under Article 226 of the Constitution of India, cannot issue any direction with respect to release of the money, at this stage of the matter, unless the matter is considered by the appropriate authority. As found by the learned Single Judge, interference by this court may be warranted only in a proper proceedings wherein the appellant challenges any order which may be passed by the authority or court concerned. We do not think that it is proper to exercise the discretionary jurisdiction vested .....

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