Commissioner Of Income Taxcentral, Income Tax Department,Jaipur v. State Of Rajasthanand Others

// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHANBENCH AT JAIPUR ORDERIN S.B. Cr. Misc. Petition No.1629/2010 Commissioner of Income TaxCentral, Income Tax Department,Jaipur Vs. State of Rajasthanand Others Date of Order ::: 26.10.2010 PresentHon'ble Mr. Justice Mohammad Rafiq Shri J.K. Singhi with Shri Anuroop Singhi, Counsel for petitionerShri Piyush Kumar, PP for the State Shri R.N. Mathur, Counsel for applicantShri Chandra Purohit, SHO, Kotwari Jaipur City(North) present in person :-By the Court Commissioner of Income Tax has approached this court under Section 482 Cr.P.C.against order passed by Chief JudicialMagistrate, Jaipur City, Jaipur by which theyhave been directed to handover originaldocuments which were mostly agreements to sell,to S.H.O., Police Station Kotwali, Jaipur City(North). Learned counsel for petitioner has argued that the documents are required forpurpose of framing assessment-order and thatthey would handover original documents toS.H.O., Police Station Kotwali, Jaipur City (North), positively by 1[st] of December, 2010,whether or not assessment-order is passed by30[th] November, 2010. Learned counsel submitsthat assessment-order is likely to be passed by30[th] November and soon thereafter they wouldhandover original documents to S.H.O., PoliceStation Kotwali, Jaipur City (North). Learnedcounselappearingforcomplainant/applicant opposed the petition andargued that assessment-order can be framed onthe basis of Photostat copies and original copycan be returned to the police because theallegation is that such documents are forgedand therefore they are required to be sent toForensic Science Laboratory for examination. Hefurther submits that already the petitioner hasretained the documents for more than four yearsand therefore sufficient time has been given tothem. Shri Chandra Purohit, S.H.O., PoliceStation Kotwali, Jaipur City (North) is presentin the court. He submits that originaldocuments are required for being sent toForensic Science Laboratory. Having regard to submissions made above,the petition is disposed of with a direction toimmediately supply Photostat copies of originaldocumnts to S.H.O., Police Station Kotwali, // 3 // Jaipur City (North). Petitioner is furtherdirected to handover original documents inquestion to S.H.O., Police Station Kotwali,Jaipur City (North) on 1[st] December, 2010 positively. (Mohammad Rafiq) J. //Jaiman//