TMI Blog2020 (8) TMI 444X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 circumstances, to meet the ends of justice, it is necessary that this Court pass appropriate orders on interim custody of the amount. Accordingly, the writ petition is disposed of directing the petitioner to file an undertaking before the Judicial First Class Magistrate's Court-I, Palakkad to the effect that if the amount of ₹ 10,00,000/- is released by the Income Tax Department, the petitioner shall produce the said amount before the Judicial First Class Magistrate's Court-I, Palakkad a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner proceeded to Salem from Coimbatore for some other business purpose and sent his employee Selvaraj along with the amount of ₹ 10,00,000/- to Palakkad. While Mr. Selvaraj was travelling with the said amount, Excise officials seized the amount in his possession. The Excise officials handed over the amount to the local police. Crime No.384/2018 under Section 102 of 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 l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e learned Magistrate did not find any bona fides in the application submitted by the petitioner. The learned Magistrate directed the Deputy Director of Income Tax that he shall file an affidavit to the effect that if it is found in the criminal proceedings that the department has no right to hold the seized cash, the same will be returned to the court. 7. The learned Magistrate has declined the application of the petitioner for interim custody of the money due to the pendency of proceedings in the Income Tax Department. However, the 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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