Election Guidelines Compliance: Seized Cash Released After Demonstrating Legitimate Origin, Pune Appellate Committee Grants Release of Cash Seized During Lok Sabha Election Process
Summary: During the Lok Sabha elections, Pune’s Static Surveillance Team (SST) seized cash from an individual near Kasba Peth as part of election monitoring. The cash, withdrawn from the individual’s taxable income account, was intended for personal use. At the time, despite the individual presenting bank withdrawal evidence, the SST proceeded with the seizure per Election Commission guidelines. Unable to communicate fully due to a language barrier, the individual later appealed to Pune’s District Cash Release Appellate Committee. Represented by Advocate Sachin P. Kumar, the appellant argued the funds were for family gifts, substantiated with bank statements, income tax returns, and a birth certificate for his grandson. Citing an Election Commission circular that permits release of non-political cash below Rs. 10 lakh, the counsel argued the funds were unrelated to any candidate or party. After reviewing the evidence, the committee deemed the explanation satisfactory and ordered the cash’s release, affirming compliance with election guidelines and fair legal review.
Election Guidelines Compliance: Seized Cash Released After Demonstrating Legitimate Origin, Pune Appellate Committee Grants Release of Cash Seized During Lok Sabha Election Process
The Static Surveillance Team (SST) recently seized cash of an individual near Kasba Peth, Pune. The individual was carrying a sum of cash that was accumulated over a period of time from his taxable income source maintained in his bank account. At the junction of Kasba Peth police station check post, Pune the car of the applicant was checked by the Static Surveillance Team-1.
During checking the cash was seized by the Static Surveillance Team as part of measures to ensure transparency during the General Parliamentary Elections 2024. The seizure was carried out in accordance with the guidelines issued by the Election Commission of India under letter no.76/Instructions/EEPS/2015/Vol. II, Dated – 29.05.2015 regarding SOP for seizure and release of cash. The said seizure was carried out under the supervision of the District Election Officer, Pune.
At the time of cash seizure, the applicant produced evidence in the form of text messages from the bank regarding the withdrawal of the said amount of cash by the applicant before the Static Surveillance Team-1 to explain the source of the cash and the purpose for which it was intended to be used. The SST-1 did not appreciate the submissions made by the applicant and mechanically seized the amount. Furthermore, due to linguistic barrier between the SST-1 and the applicant, the applicant was unable to vindicate his claim properly at that time.
To get the said cash released, an appeal was subsequently filed before the District Cash Release Appellate Committee of Pune District. During the hearing, the applicant’s counsel, Advocate Sachin P. Kumar, made several submissions to support his arguments in this case. It was argued by the learned counsel Advocate Sachin P. Kumar, that the seized cash had been withdrawn from the applicant’s salary account, since he served as the President and Managing Director of a well-known multinational company.
It was further argued by the counsel Advocate Sachin P. Kumar that the cash was withdrawn to buy gifts for his daughter-in-law and his newly born grandson and that this was a personal gesture of love and affection towards his family and that the applicant does not have any connection with any political party and the said cash could not be attached to payments for political purposes.
Furthermore, relying on the circular dated 19.08.2021 issued by the Election Commission of India, the counsel Advocate Sachin P. Kumar argued that since the cash seized by the SST was below Rs. 10 lakh and the seizure was not linked to any candidate or political party, the Cash Release Committee must immediately order release such seized amount of cash.
The applicant submitted the following documents, to substantiate his claim:
1. A copy of the bank account statement of the applicant, reflecting the withdrawal of the seized cash.
2. The birth certificate of the applicant’s grandson, to confirm the recent birth of the child.
3. Income Tax Return (ITR) of the applicant for the relevant assessment year.
Committee’s Decision:
After the careful and thorough perusal of the submissions made by the counsel of the applicant, Advocate Sachin P. Kumar, the Cash Release Appellate Committee of Pune District concluded that the cash seized by the State Surveillance Team had no connection whatsoever with the election process and that the applicant’s explanation was found to be satisfactory. Consequently, the committee ordered the release of the seized cash back to the applicant. This case strongly speaks volumes about the justice done in such cases.
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