TMI Blog1990 (8) TMI 129X X X X Extracts X X X X X X X X Extracts X X X X ..... ttedly, immovable properties. Exhibits P-1 and P-4 contain directions to the effect that the petitioners, inasmuch as they could not property explain the sources of acquisition of these properties, shall not transfer or otherwise alienate them. The bank accounts of the petitioners have also been frozen by exhibits P-1 and P-4. According to the petitioners, those items which are shown as items Nos. 1 to 3 in exhibit P-1 and the only item shown in exhibit P-4 are incapable of being seized under section 132 because they are immovable properties and hence the seizure is not sustainable. Failure to respond to this argument has resulted in the filing of the original petition for the reliefs stated hereunder : "It is, therefore, prayed that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er had unexplained investment of this gigantic magnitude, which unexplained investment, it is submitted, itself is property in the form of immovable property or to the extent of the value of these six items of properties or the expenditure incurred for acquiring these six items of properties. Of course, the Revenue had some suspicion that the petitioner was in possession of several items of immovable property, but the location or identity was not known to the Revenue or could not be identified by the Revenue. The contention of the petitioner that no search in relation to the seizure of immovable properties relying on the theory of 'known and identified', if I may be permitted to say so, is not applicable at least to the six items of propert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch any building, place, vessel, vehicle or aircraft where he has reason to suspect that such books of account, other documents, money, bullion, jewellery or other valuable article or thing are kept. On such search, if the authorised officer happens to find any such books of account, other documents, money, bullion, jewellery or other valuable article or thing being hidden in the building, place, vessel, vehicle or aircraft, he has the power to seize the thing found hidden. Simultaneously, he shall prepare a note or an inventory of any such money, bullion, jewellery or other valuable article or thing. The proviso provides that where it is not possible or practicable to take physical possession of any valuable article or thing and remove it t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the properties that can be seized after the search ? According to learned counsel for the petitioner, only movables can be seized. Under no circumstances can immovable properties be seized, counsel submits. Counsel for the Revenue, however, argues that section 132 empowers the authorised officer to issue prohibitory orders if it is found on search that the person has made secret investment which was not known or informed to the Revenue. According to him, the words used in clause (iii) of sub-section (1) of section 132, namely, "seize . . . . 'other valuable article or thing' found as a result of such search" fully explain this position. He, in this connection, made particular reference to the following averments contained in the counter-af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h other words which are well-defined and understood, then that word takes colour from the words with which that word is associated. A reference in this connection to the decision of the Supreme Court in State of Assam v. Ranga Muhammed, AIR 1967 SC 903, is profitable. Having understood the principle thus, let us see whether the words used in the section "other valuable article or thing" mean differently from the words ... . . . money, bullion, jewellery" which undoubtedly are only movables. To my mind, these words "other valuable article or thing" used in association with the words "money, bullion, jewellery" cannot be understood differently. The section, therefore, cannot be said to include in its ambit immovable properties also. The Del ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
