HANEEFA Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) This is a petition filed by the 4th accused in Crime No. 102 of 2003, of Guruvayoor Police Station. The crime was registered against the petitioner and the other accused under Ss. 41(1)(d) and 102 of the Criminal Procedure Code. On March 20, 2003, the Circle Inspector of Police, Guruvayoor, intercepted an ambassador car in which accused Nos. 1 to 3 were travelling and seized Rs. 52 lakhs which was suspected to have been stolen. Accused Nos. 1 to 3 said that the money belonged to the petitioner and hence he was also made an accused in the crime.

(2.) On conducting investigation it was found that the currency notes seized were not stolen property and police filed a report to that effect in the court of the Magistrate. According to the petitioner, the money seized is his business income. The Assistant Director of Income Tax (Investigation), Thrissur, filed C. M. P. No. 4056 of 2003 in the court of the Judicial Magistrate of the First Class, Chavakkad, stating that the money seized was the unaccounted income from the business of the petitioner and requesting that the amount may be released to the Income Tax Department. On April 11, 2003, the learned Magistrate dismissed the petition stating that until a final report is filed by the police the amount could not be released. The Income Tax Department filed Crl. R. P. No. 29 of 2003, in the Sessions Court, Thrissur, and that revision was dismissed.

(3.) The police filed a report on July 4, 2003, in the court of the Magistrate stating that Ss. 41(1)(d) and 102 of the Criminal Procedure Code may be deleted and investigation had to be conducted under Sec. 3 (b) and (c) of the Foreign Exchange Management Act. Annexure D is the report sent to the court stating that the police made a request to the Enforcement Directorate, Kozhikode, to take over the investigation of the crime and one Ananthakrishnan, Chief Enforcement Officer, went to the police station and received from there the copies of the records of the case. In annexure D request is made to the court to hand over the first information report and other connected records to the Enforcement Directorate, Kozhikode. Such a request was made to hand over the records of the case to the Enforcement Directorate because the violation of the provisions of the Foreign Exchange Management Act is not an offence the court can take cognizance of.