2020 (3) TMI 1089

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.... a registered dealer under Goods and Service Tax and also an income tax assessee. On 08/01/2019, an FIR was registered by the 2nd respondent against one Muhammed Sahir and two others in crime No. 07/2019. The allegation was that the accused along with two others were transporting Rs. 99,00,000/- without any proper or valid documents in support of the source of money. The aforesaid amount was taken into custody by the 2nd respondent officer and produced before the Judicial First Class Magistrate Court. The petitioner even produced all documents pertaining to the source of amount before the 2nd respondent officer, he was reluctant to accept the same and initiated criminal proceedings against the accused. The R.C. 231/2019 was registered again....

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....accounts, the petitioner carried over this much liquidated money with them to remit in the bank. The petitioner makes a regular payment more than Rs. 20,00,000/- to his bank account in Federal Bank at Malappuram Branch in his account No.11025500171891. It was admitted that petitioner delegated the 1st and the 2nd accused for remitting the amount in his bank account, but due to some reasons beyond their control, the 1st and the 2nd accused was not able to remit the amount and hence they were in need to get back with the amount. It is submitted that 08/01/2019 was a strike day in the entire Malappuram District and it caused the 1st and 2nd accused to get back with the amount to the petitioner firm. When the accused were returning back to the ....

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.... Class Magistrate Court, Pattambi. 2. Heard Sri. P.N. Damodaran Namboodiri, learned counsel appearing for the petitioner and Sri. Jose Joseph, learned standing counsel for the Income Tax Department, Government of India, appearing for respondent Nos. 1 and 3 and Sri. Jestin Mathew, learned Government Pleader appearing for R2 State of Kerala. 3. It is not in dispute that the 1st respondent had earlier filed Crl.M.P. No. 248/2019 in RC No. 231/2019 before the Judicial First Class Magistrate Court, Pattambi under Section 451 of Cr.P.C and under section 132 of the Income Tax Act, 1961 for getting the custody of the amount seized by the 2nd respondent to the Income Tax Department, which was allowed by the learned Magistrate. It is also equa....