9911796707
TMI Blog2020 (8) TMI 444X X X X Extracts X X X X X X X X Extracts X X X X ..... MI, CGC R2-R4 SRI.JOSE JOSEPH, SC, IT JUDGMENT The petitioner seeks to direct the 2 nd and 3rd respondents, who are the Principal Chief Commissioner of Income Tax and the Director General of Income Tax respectively, to return the amount in their custody which amount originally belongs to the petitioner, within a time limit to be stipulated by this court. 2. The petitioner states that he is a re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Code of Criminal Procedure, 1973 was registered. 3. The petitioner submitted an application under Section 451 Cr.P.C. before the Judicial First Class Magistrate's Court-I, Palakkad for return of the amount. The employee Selvaraj also filed a statement in the court stating that he has no objection in the amount being released to the petitioner. However, the learned Magistrate dismissed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave not released the money to him. In the circumstances, the petitioner seeks to direct respondents 2 and 3 to return the amount in their custody which originally belongs to the petitioner. 5. Heard . 6. From the pleadings in the writ petition, it is seen that the Excise officials have seized Rs. 10,00,000/- from Selvaraj on the basis of which a crime has been registered. The said Selvaraj has f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income Tax Department has not initiated any proceedings against the petitioner. Though Mr. Selvaraj has not responded to the summons issued, he has filed a statement to the effect that he has no objection in releasing money to the petitioner. The said Selvaraj is illiterate and a resident of Tamil Nadu. If the money does not belong to him, naturally he may not respond to the summons. In the circu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said amount of Rs. 10,00,000/- as and when the Department of Income Tax initiates any proceedings on the issue and requires the petitioner to deposit the said amount. The additional 4 th respondent shall release the amount within a period of one month from the date of production of copy of the affidavit as stated above and the petitioner executing a bond in favour of the Department of Income Tax.& ..... X X X X Extracts X X X X X X X X Extracts X X X X
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