9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (1) TMI 1371 - HC - Income TaxAuthorization being issued u/s 132A - Investigating Officer to handover 42 gunny bags i.e. the Muddamal, which have been seized during the investigation of the FIR being C.R.No.I31 of 2013 registered with Jahangirpura Police Station, Surat, to the Income Tax Authority - Held that - Nowhere the petitioner has requested before this Court in those petitions that certified copies of the documents lying in 42 gunny bags are required to defend the trial in which he is one of the accused i.e. the case arising out of C.R.No.I37 of 2013. Thus, the contention of the petitioner that if the certified copies of the documents lying in 42 gunny bags are not supplied to the petitioner then prejudice would be caused to him in the trial wherein he is one of the accused, is required to be rejected. Prima facie, from the observations of the learned Sessions Court, it appears that the custody of the said amount of cash is not given to the Income Tax Department because it is not the Muddamal and the said cash is required to prove the case against the accused. At this stage, clarify that the decision of the learned Sessions Court rendered on 16.01.2015 referred by the petitioner is not under challenge before this Court at this stage and therefore it is not proper for me to make any comment with regard to the observations made by the learned Sessions Court. However, it is of the opinion that in view of the fact that the said cash is required to prove the case against the accused learned Special Public Prosecutor has taken the objection and therefore it cannot be said that the learned Special Public Prosecutor is taking different stand. Thus, the said contention of the petitioner is also required to be discarded. Thus learned Sessions Court has not committed any error much less the error of law, which calls for the interference of this Court by exercising the powers under Article 227 of the Constitution of India. The present petition is, therefore, dismissed. Notice discharged.
Issues Involved:
1. Legality of the order passed by the Additional Sessions Court directing the Investigating Officer to hand over 42 gunny bags to the Income Tax Authority. 2. Compliance with Section 207 of the Code of Criminal Procedure (CrPC) regarding the supply of documents to the accused. 3. Applicability of Section 132A of the Income Tax Act, 1961. 4. Right to fair trial and potential prejudice to the petitioner. 5. Interpretation and application of the Criminal Court Manual Rules 377 and 378. 6. Adequacy of the satisfaction recorded by the Income Tax Authority under Section 132A of the Income Tax Act. Issue-wise Detailed Analysis: 1. Legality of the Order by Additional Sessions Court: The petitioner challenged the order dated 09.12.2014 by the Additional Sessions Court, Surat, directing the Investigating Officer to hand over 42 gunny bags seized during the investigation of FIR No. I31 of 2013 to the Income Tax Authority. The petitioner argued that these bags were crucial for the trial in Special Case No. 1 of 2014 arising from FIR No. I37 of 2013. However, the court noted that the petitioner was not an accused in FIR No. I31 of 2013 and that the 42 gunny bags were seized in connection with FIR No. I31 of 2013, not FIR No. I37 of 2013. 2. Compliance with Section 207 of CrPC: The petitioner contended that the documents in the 42 gunny bags should be provided under Section 207 of CrPC. The court clarified that Section 207 mandates the supply of documents the prosecution relies on to the accused. Since the Special Public Prosecutor stated that the documents in the 42 gunny bags were not required to prove the case against the accused in FIR No. I31 of 2013, the court found no violation of Section 207. 3. Applicability of Section 132A of the Income Tax Act: The petitioner argued that the application under Section 132A of the Income Tax Act was premature and lacked the necessary satisfaction from the concerned authority. The court referred to the affidavit from the Income Tax Department, which confirmed the satisfaction of the competent authority under Section 132A. The court cited previous judgments, emphasizing that the adequacy of material for the authority's satisfaction under Section 132A is not a matter for the High Court to reappraise. 4. Right to Fair Trial and Potential Prejudice: The petitioner claimed that not receiving certified copies of the documents would prejudice his right to a fair trial. The court noted that the petitioner had not previously stated that these documents were necessary for his defense in FIR No. I37 of 2013. Moreover, the Income Tax Department assured that copies of the documents would be provided if requested, negating the claim of potential prejudice. 5. Interpretation and Application of Criminal Court Manual Rules 377 and 378: The petitioner argued that Rule 377 of the Criminal Court Manual was violated. The court explained that Rule 377 must be read with Section 207 of CrPC and Section 173(5) of CrPC. Since the prosecution did not rely on the documents in the 42 gunny bags for FIR No. I31 of 2013, the rules were not violated. 6. Adequacy of Satisfaction Recorded by Income Tax Authority: The petitioner questioned the satisfaction recorded by the Income Tax Authority under Section 132A of the Income Tax Act. The court reiterated that the satisfaction of the competent authority under Section 132A is not subject to judicial review unless there is a clear absence of material. The court found that the authorization under Section 132A was valid and not under challenge. Conclusion: The court dismissed the petition, stating that the Additional Sessions Court did not commit any error in its order. The court extended the time granted by the Sessions Court for the petitioner to take appropriate recourse by three weeks, despite objections from the Income Tax Department.
|
