SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the petitioner giving direction to the 3rd respondent Sub Divisional Magistrate, Alappuzha to return the amount seized by the 2nd respondent and also to quash the First Information Report in Crime No. 419 of 2014 under Section of 482 of Code of Criminal Procedure.

(2.) It is alleged in the petition that on 12.5.2014 the 2nd respondent conducted a raid in the house of the petitioner under the guise of Operation Kubera and the raiding officer found Rs. 10,54,900/- in the house. Though it was mentioned that the amount was obtained by way of advance received towards the sale consideration and also the amount kept by the petitioner in connection with his business, they did not heed for the same, but seized the amount and registered Annexure 3 First Information Report as Crime No. 419 of 2014 of Aroor Police Station of Alappuzha District under Section 102 Code of Criminal Procedure and produced the First Information Report and article seized before the 3rd respondent. There is no offence committed. So the registration of crime and also the seizure are not legal. So the petitioner has no other remedy except to approach this Court seeking the following relief:

(3.) Earlier the 2nd respondent has filed a statement which reads as follows: