TaxTMI 
TaxTMI 
2022 (12) TMI 270
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....rder: "The circumstances, under which, this criminal original petition under Section 482 Cr.P.C. has been filed by the Enforcement Directorate (for brevity "the ED") are under: ➢ On 05.03.2015, the Inspector of Police, Prohibition Enforcement Wing (PEW), Mamallapuram, intercepted a Toyota Innova car bearing Registration No.TN-09-AV-3256 near Vengambakkam-Veeranam link road and found that the vehicle was used for transporting illicit liquor. The driver of the vehicle was one Suresh Kumar @ Suresh (accused/first respondent herein). ➢ The police interrogated Suresh Kumar based on his police confession, his house in Puducherry was searched on the same day, from where, cash of Rs.28,35,000/- (Rupees Twent....
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....d 06.05.2015 and took up investigation. The Officials of ED obtained permission from the remanding Magistrate to interrogate Suresh Kumar in Central Prison and recorded his statements under Section 50 of the PML Act on 25.05.2015 in the presence of the prison authorities. ➢ Suresh Kumar filed an application in C.M.P.No.1631 of 2015 in Crime No.96 of 2015 under Section 451 Cr.P.C. in the Court of District Munsif-cum-Judicial Magistrate, Thirukazhukundram, for the interim custody of the seized cash and ornaments. ➢ After hearing the police, the learned Magistrate passed an order dated 18.06.2015 in C.M.P.No.1631 of 2015 dismissing the prayer for returning of the cash, but, allowing the prayer for returning of t....
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....in which, summons is yet to be served on Suresh Kumar. 4. On receipt of notice, Suresh entered appearance through Mr.K.Gandhi Kumar, Advocate, in this petition. 5. Today, when the matter was taken up for hearing Ms.Niranjani Priya, Advocate (E.No.3498/2022; Mobile No.99400 50026) junior of Mr.K.Gandhi Kumar, Advocate, reported "no instructions". 6. Today, A.Mahendran (Mobile No.94981 47044), Head Constable 213, Mamallapuram PEW, Kancheepuram District, is present. 7. On instructions, the learned Additional Public Prosecutor submitted that the investigation in Crime No.96 of 2015 was completed and police filed a final report before the Court of District Munif-cum-Judicial Magistrate, Thirukazhukundram, whic....
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.... Prosecutor (ED) appearing for the petitioner is directed to serve a copy of the typed set of papers on Mr.N.Manoharan as well on Mr.R.Muniyapparaj, learned Additional Public Prosecutor. Post the matter on 11.11.2022. In the meanwhile, the Registry is directed to call for a report from the learned District Munsif-cum- Judicial Magistrate, Thirukazhukundram, as to whether the ornaments covered in P.I.No.41 of 2015 and cash covered in P.I.No.42 of 2015 are available in the Court or in the treasury pursuant to our order dated 24.06.2015 and place the same before this Court on 11.11.2022." 2. Today Mr.T.Vijaya Kumar, Inspector of Police, PEW Mamallapuram [Mobile No.94981 95161] is present. 3. Heard Mr.S.Sasikumar, learned Special....
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....ince the ornaments are not liable for confiscation u/s.14 of the Tamil Nadu Prohibition Act nor are they material evidence to connect the accused with the crime in question, no useful purpose will be served by keeping the ornaments in the custody of the learned District Munsif-cum-Judicial Magistrate, Thirukalukundram, as that would be an additional burden for the said Court. 6. Therefore, we direct the learned District Munsif-cum-Judicial Magistrate, Thirukalukundram, to hand over the ornaments in P.I.No.41/2015 dated 07.03.2015 in PEW Mamallapuram Crime No.96/2015 (now S.C.No.196/2017) on the file of learned Assistant Sessions Judge cum Principal Sub Judge, Chengalpet, to the Deputy Director, Directorate of Enforcement, Chennai, under ....