Law:

Section:

Section 132A of the Income-tax Act, 1961 - Search and seizure - Requisition of books accounts, etc. When proceedings were initiated by Department under section 132A, Magistrate is not at all within his powers to order handing over seized muddamal currency notes to employees of person from whom currency notes had been seized; it is duty of police authority to comply with requisition issued by authorised officer of Department [In favour of revenue] Under section 451 of the Code, the criminal court has limited power to make inquiry. However, the court has no power to go in detail and, hence, specific provision is made in the Act under section 132A. Once the proceeding is initiated by the Department under section 132A neither the court nor the police authority has the power to release the currency notes. Hence, the scope of inquiry under section 451 of the Code as also under section 132A is quite different. In pursuance of a complaint filed by respondent No. 2 for stealing away cash of Rs. 42.50 lakhs, his employees were arrested and muddamal currency notes of Rs. 42.50 lakhs were seized. The Department was intimated by the Police Station Officer to approach the Magistrate if they intended to initiate proceedings. Meanwhile, an application was submitted by the respondent No. 2 before the Metropolitan Magistrate for getting the said muddamal currency notes. The Dy. Director also submitted an application to hand over the same to complete the proceedings initiated by the Department against respondent No. 2. Since the Department was not handed over the muddamal, it preferred criminal revision application before the instant court. The Dy. Director requested the Police Inspector of Police Station not to release the muddamal in view of hearing of criminal revision application fixed in the High Court and also since, there were probabilities of passing an interim order staying the order passed by the Magistrate. In spite of the same, the muddamal currency notes were released to respondent No. 2 on the same day Held that, though request was made by the applicant through an application before the Magistrate for handing over the muddamal to the applicant and not to hand it…

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