Income Tax Department, Madurai v. The State

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 15.11.2019CORAM THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.15292 of 2019 The Deputy Director of Income TaxInvestigation, Income Tax Department,Madurai.... Petitioner/PetitionerVs 1.The State through the Inspector of Police, North Police Station, Karaikudi, Sivagangai District. 2.M.Subramanian PRAYER: Criminal Original Petitions filed under Section 482 ofCr.P.C, praying to direct the 1[st] respondent police to handover theseized Rs.2 crores Indian currencies and Rs.73 lakhs (approximately)foreign currency to the petitioner department for furtherinvestigation and necessary action under Income Tax Act, 1961. For Petitioner: Mrs.S.Srimathy standing counsel forIncome Tax For Respondents: Mr.K.Suyambulinga Bharathi,G.A.(Crl. Side) for R1 O R D E R This Criminal Original Petition has been filed for directiondirecting the 1[st] respondent to handover the seized currency to thetune of Rs.2 Crores Indian currencies and Rs.73 lakhs foreigncurrency to the petitioner department. 2.Now, the learned Government Advocate (criminal side)submitted that the currency notes have been produced before thelearned Judicial Magistrate under Form 95 and P.R.number has beenassigned by the learned Judicial Magistrate as P.R.No.133 of 2019. 3.In view of the said submission, the petitioner is at libertyto approach the learned District Munsif cum Judicial Magistrate,Karaikudi for the relief of return of property under the properprovision of law, since the relief of return of property cannot beordered by this Court. https://hcservices.ecourts.gov.in/hcservices/ 4.With the above observation, this petition is disposed. 2. The learned Government Advocate (Crl. Side) would submitthat on the complaint given by the defacto complainant, petitionenquiry was conducted and the same was closed. 3.Recording the said submission, this petition is closed.However, it is made clear that since the complaint has been closed,the respondent shall not call the petitioners in the guise ofenquiry and harass them. // True Copy // Sd/- Assistant Registrar (AD II) Sub Assistant Registrar(CS) Arul To 1.The Superintendent of Police, Madurai District, Madurai. 2.The Inspector of Police, Thirumangalam All women Police Station, Thirumangalam, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S.SRIMATHY, Advocate ( SR-98905[F] dated 18/11/2019 ) KK/SAR/11.12.2019/2P-5C/ Order made inCRL.O.P (MD) No.2009 of 201915.11.2019 https://hcservices.ecourts.gov.in/hcservices/