STATE OF TAMIL NADU Vs. S MARTIN ETC

JUDGEMENT

(1.) Original accused Nos.2 and 3 approached the High Court of Judicature at Madras by filing petitions under Section 482 Cr.P.C. namely Crl. O.P. No.13106/2013 and 14971/2013 respectively seeking quashing of Crime No.304 of 2012 registered pursuant to FIR 304 of 2012 dated 12.03.2012 with Adambakkam Police Station, Chennai. Said petitions were allowed by the High Court vide its common judgment and order dated 15.10.2014 which is presently under challenge at the instance of State of Tamil Nadu in these appeals by special leave.

(2.) The aforesaid FIR was registered pursuant to reporting by M. Nataraj, Inspector of Police, Crime, Adambakkam Police Station, Chennai. The FIR inter alia stated that the informant had received information that several crores of unaccounted money was stashed in the house of accused-1, Nagarajan pursuant to which a raid was conducted and cash amounting to Rs.7,20,05,000/- stored in three bags was found. The FIR further noted that said accused No.1 Nagarajan had admitted that he and his associates, namely, Accused No.2 Martin and Accused No.3 Murthy had illegally printed lottery tickets of the States of Sikkim, Kerala and Maharashtra and sold the same without obtaining any permission and in the process had amassed enormous profit and the cash in question represented the same. Rs. 50 lakhs in cash were also seized from the house of Accused No. 3 Murthy. A-1 Nagaraj was immediately arrested and Crime No.304/2012 was registered under Sections 294(A), 420 and 120(b) IPC and the case was forwarded for investigation.

(3.) During the course of investigation 3625 numbers of lottery tickets of various States were recovered. In his application for anticipatory bail, accused No.2 Martin relied upon a document i.e. Agreement of Sale dated 02.03.2012. According to this unregistered agreement, the wife of accused No.2 Martin named Mrs. Leema Rose had agreed to purchase House No.4, Old No. 56, 3rd Main Road, Anna Nagar, Chennai-40 from said accused No.3-Murthy and had paid Rs. 7.3 crores by way of advance in cash. It was submitted that the seized cash in question represented such amount received in cash.