Dy. Director of Income Tax (Investigation) Vs State of Gujarat & Ors. (Gujarat High Court)
Gujarat High Court held that requisition of seized cash allowed under section 132A of the Income Tax Act and directed that the income tax department shall be free to undertake all actions permitted under the law and shall deposit the entire amount in the P.D. Account.
Facts- The respondent no.2 has lodged FIR for the offences u/s. 454 and 380 of the Indian Penal Code on 02.02.2022 alleging inter alia about the theft of golden chain worth of Rs.70,000/-, silver ring worth of Rs.20,000/- totalling to Rs.90,000/-. On 27.02.2022, the respondent no.2 had paid visit at the police station concerned and informed about stealing of his passport and cash worth of Rs.1,40,00,000/-.
During the course of investigation, the police has recovered Rs.60,29,000/- and Swift Car worth of Rs.1,75,000/- purchased from the stolen rupees out of total Rs.1,40,00,000/-as also golden and silver ornaments. However upon making inquiry from the respondent no.2 with regard to the amount of Rs.1,40,00,000/- lying in the house of the respondent no.2, which was stolen by the accused, explanation was given by the respondent no.2, which was satisfactory reply.
Since, the respondent no.2 has failed to give proper explanation with regard to source of cash of Rs.1,40,00,000/-including seized cash of Rs.35,28,000/-. Therefore, the petitioner issued warrant of authorization u/s. 132A(1)(c) of the Income Tax Act to the Police Inspector, Pranjit Police Station for requisition of seized cash, however, the said warrant was not accepted by the Police Inspector as the matter is pending before the learned magistrate.
