Kasinath Rangonda Kanade Vs State of Kerala (Kerala High Court)
Kerala High Court held that competent authorities under the Income Tax Act is entitled to seek interim custody of the currency notes that are seized and produced before the Jurisdictional Magistrate.
Facts- The central issue in these cases relates to the right of the authorities under the Income-tax Act, 1961 (the Act) to seek interim custody of currency notes seized and produced before the Jurisdictional Magistrate or seized and reported to the Jurisdictional Magistrate in terms of Section 102 of the Code of Criminal Procedure (the Code).
Conclusion- This court in the case of Union of India v. State of Kerala has held that in the light of the provisions contained in the Act, especially Sections 132A and 132B, the authorities under the Act are entitled to seek interim custody of the currency notes.
Held that the view expressed in Union of India that the competent authority under the Act is entitled to seek interim custody of the currency notes in the facts of the said case, is in order.
FULL TEXT OF THE JUDGMENT/ORDER OF KERALA HIGH COURT
The central issue in these cases relates to the right of the authorities under the Income-tax Act, 1961 (the Act) to seek interim custody of currency notes seized and produced before the Jurisdictional Magistrate or seized and reported to the Jurisdictional Magistrate in terms of Section 102 of the Code of Criminal Procedure (the Code).
