1997 (3) TMI 3

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....proceedings in consequence thereof were quashed. It was also directed that the action of the appellants in seizing the books and documents as well as the sum of Rs. 17,353 on December 30, 1981, was contrary to law and the same be returned to the respondents. On December 25, 1981, one Vinod Kumar Jaiswal, while he was travelling from Mirzapur to Calcutta by the Kalka Mail, was detained at Moghal Sarai Railway Station by the Government Railway Police and an attached case containing a sum of Rs. 4,63,000 was seized from him on the suspicion that the money was stolen property or had been obtained through some other offence. A case under section 411 of the Indian Penal Code, read with sections 41 and 102 of the Criminal Procedure Code, was re....

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....a (Jaiswal), respondent No. 3, for being carried to Calcutta in connection with the business of the said firm. On December 30, 1981, the search party which searched the premises of respondent No. 1 carried away the sum of Rs. 17,353 found as total balance and the books of account. After completing the investigation, the railway police submitted the final report on January 21, 1982, wherein it was stated that the money found in the possession of Vinod Kumar Jaiswal did not represent stolen property or property acquired from any offence and the said sum belonged to respondent No. 1. Prior to that, on January 1, 1982, Rajendra Kumar Pandey had filed an application before the Judicial Magistrate (Railway), Varanasi, praying that the amount whic....

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....ner had issued the warrant of authorisation was as follows : "(a) a sum of Rs. 4,63,000 had been seized by the Government Railway Police from the possession of one Vinod Kumar Jaiswal, resident of Imamganj, Durga Devi, Mirzapur ; (b) at the time of the seizure by the Railway Police, no papers or documents in regard to the ownership or possession of the amount were in possession of Vinod Kumar Jaiswal, and (c) no person by the name of Vinod Kumar Jaiswal was borne on the General Index Register of income-tax assessees of the Income-tax Offices at Mirzapur." The High Court, after considering the material on which reliance was placed by the Commissioner, has held that on the information in the possession of the Commissioner no reaso....