Seized The Said Cash Under A Cover of Panchanama and
Seized The Said Cash Under A Cover of Panchanama and
Seized The Said Cash Under A Cover of Panchanama and
BHASKAR REDDY
% Date: 22.02.2024
Between:
AND
? Cases referred
(Rupees three crores four lakhs) which was transported in KIA Car
intercepted the movement of the said car and seized the said cash
Zala, for the offences under Sections 336 IPC, 102 Cr.P.C, 179 r/w
52 r/w 177 of the Motor Vehicles Act, 1988 (for short “M.V.Act”).
The case of the petitioner is that alleged offence under Section 336
IPC relates to rash and negligent driving only and there is no penal
reads as follows:
1
2020 SCC OnLine TS 3047
::4::
Sections 336 IPC, 102 Cr.P.C., 179, 52 r/w 177 of Motor Vehicles
the cash before the District Collector as the cash has been seized
letter, the Income Tax Officer, Ward-I & District Nodal Officer,
seize the cash and requested to hand over the cash. Based on the
said letter, the C.I. of Police vide letter dated 25.10.2023 requested
the District Treasury Officer, Nalgonda to hand over the seized cash
(for short “I.T.Act”) dated 23.10.2023 and two panchas visited the
Rs.3.04 crore and seized the same under cover of Panchanama and
compliance with the interim orders passed by this Court, the C.I. of
Nalgonda to inform about the action taken for releasing the seized
the parties along with the vehicle owner Shivam Modi to explain the
Tax, Hyderabad and Form TR-6 has been obtained in the name of Sri
Ramanlal Patel and Sri Amarsinh Zala as per the provisions of I.T.
Act. It is further stated in the counter affidavit that since the amount
19.08.2021, now the amount has been kept in the PD Account of the
Modi Shivam is the owner of the crime vehicle and they are working
under him as drivers for a monthly salary and were transporting the
concerned Court under Section 102 Cr.P.C and the seized cash was
under Section 131 of I.T. Act were also issued and after conducting
further contended that as per Section 102 Cr.P.C, any police officer
forthwith report the seizure to that officer. Every police officer acting
Court as and when required and to give effect to the further orders of
the respondents having seized the cash of the petitioner from the car
are not having any power or authority to seize the cash as no offence
has been committed and carrying the cash does not amount to any
offence. The learned Senior Counsel has relied upon the decision of
partly income which has not been or would not be disclosed for the
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thing are kept and seize the same. It is further submitted that there
under Section 132 of the Act, when the cash had been handed over
26.10.2023 and therefore the seizure of the cash from the petitioner
by the respondents and its retention till date by them is per se illegal.
The learned Senior Counsel further submitted that under the guise
tradesmen and the normal pursuit of life by the citizens are brought
purpose of the seizure or for its return. Thus the learned Senior
seizure and release of cash and other items issued by the Election
seized cash was already deposited with the Income Tax Department
2
(2012) 6 SCC 760
::12::
this Court under Article 226 of the Constitution of India. The present
writ petition.
any power or authority have seized the cash from the vehicle bearing
further case of the petitioner that respondents have not followed the
the said vehicle is illegal and they are not having any power or
authority to seize cash and inform the same to the I.T. Department.
her. It is further contended that depositing the amount with the I.T
year but they cannot seize the amount from the possession of the
Procedure for seizure and release of cash and other items during
worker, where no FIR has been lodged or not handed over to the
Crime No.216/2023 for the offences under Sections 336 IPC, 102
Cr.P.C., 179, 52 r/w 177 of M.V.Act. Soon after seizure of the cash,
cash before the District Collector as the cash has been seized during
cash and depositing the same with the Income Tax Department.
conducting smooth, free and fair elections and for this purpose,
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political parties shall submit to the Commission for its scrutiny the
free and fair elections which is the basic element to elect democratic
public and the Commission should take all steps to curb those
activities. The election being a very important event for the State, the
and fair election and also curb the malpractices. In view of the
Peoples Act, 1951, this Court is of the opinion that prescribing the
(i) In order to avoid inconvenience to the public and genuine persons and
also for redressal of their grievances, if any, a committee shall be formed
comprising three officers of the District, namely, (i) CEO, Zila
Parishad/CDO/P.D.DRDA (iⅱ) Nodal Officer of Expenditure Monitoring in
the District Election Office (Convenor) and (iii) District Treasury Officer.
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The Committee shall suo-motu examine each case of seizure made by the
Police or SST or FS and where the Committee finds that no
FIR/Complaint has been filed against the seizure or where the seizure is
not linked with any candidate or political party or any election campaign
etc., as per Standard Operating Procedure it shall take immediate step to
order release of such cash etc., to such persons from whom the cash was
seized after passing a speaking order to that effect. The Committee shall
look into all cases and take decision on seizure.
(iv) If the release of cash is more than Rs 10 (Ten) Lac, the nodal officer of
Income Tax shall be kept informed before the release is effected.
Procedure for seizure and release of cash and other items prescribed
cash to the Income Tax Department vide letter dated 20.10.2023 and
notices under Section 131 of I.T.Act to the owner of the crime vehicle
from where the alleged cash was seized and as the Income Tax
13. The learned Senior Counsel appearing for the petitioner has
of the case.
relied upon by the learned Senior Counsel for petitioner, the Division
Income Tax Department under Section 132 of the I.T. Act as it was
and the Hon’ble Supreme Court vide order dated 31.08.2021 has
cash but the crime was registered against the drivers of the vehicle
she is the owner of the cash and that the respondents have
unauthorisedly seized the cash, the petitioner has not placed any
amount with the Nodal Officer and thereafter, the said amount was
handed over to the Income Tax Department and notices were issued
to the owner of the crime vehicle from where the amount was seized
and the same was deposited in the P.D Account of the Principal
Cr.P.C and also handed over the seized cash to the I.T Department
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16. For the aforesaid reasons, this Court is not inclined to quash
the FIR No.216 of 2023 on the file of respondent No.1 and to grant
panchanama.
___________________________
C.V. BHASKAR REDDY, J
Date: 22.02.2024
Note: L.R Copy to be marked: YES/NO
(b/o)
scs