Law:

Section:

Section 132A of the Income-tax Act, 1961 - Search and seizure - Requisition of books of account, etc. - Employees of respondent-company were returning with certain quantity of silver when police seized said silver on suspicion of it being a stolen property - Proceedings of seizure were undertaken under sections 41 and 102 of Code of Criminal Procedure - Respondent-company made due application for supurdgi of goods - Simultaneously, petitioner, Director of Income-tax, filed an application under sections 451 and 457 of Cr. P.C., read with section 132A, before CJM who ordered to give seized property to authorized officer of Income-tax department as per section 132A - On criminal revision petition, Sessions Judge, by impugned order, issued directions to CJM to hand over seized silver to treasury - Whether when silver was found in possession of employees of respondent-company and neither police nor department had gathered any information regarding ownership of silver to dispute version of respondent, it was fallacious on part of CJM to have entertained application of department under section 132A and to have directed handing over of seized silver/assets to department - Held, yes - Whether, therefore, order of Sessions Judge was in accordance with law and needed no interference - Held, yes FACTS When the employees of the respondent-company were returning with certain quantity of silver from jewellers, where it was taken for executing the job work, the police had seized the silver under section 102 of the Cr. P.C. suspecting it to be a stolen property. The respondent-company made due application for supurdgi of goods. A similar application was also filed by the department under sections 451 and 457 of the Cr. P.C., read with section 132A, for supurdgi of the goods. The Chief Judicial Magistrate (CJM) rejected the application of the respondent-company and ordered that the custody of the seized property be given to the Income-tax department under section 132A. Against, that order, the respondent filed criminal revision petition before the Sessions Judge who, by impugned order, issued the directions to the CJM to hand over the seized silver to the treasury. In revision…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492