T.K.S.ELANGOVAN Vs. DIRECTOR

JUDGEMENT

(1.) This Crl.O.P. is filed to direct the respondents to take the complaint, dtd. 30/5/2016 on file, enquire into the matter and file final report before a competent Court.

(2.) In the petition, it is stated that the petitioner is a Member of Parliament and belongs to a political party. When the Election process to the 15th Legislative Assembly of Tamil Nadu, was going on, on 13/5/2016, midnight of Friday, around 12.45 a.m., the Election Commission Surveillance Team, headed by one Mr.Vijayakumar, stationed at Tirupur, chased down and seized three tanker lorries, which were escorted by three Innova Cars, said to be transporting huge amount of money to the tune of Rs.570.00 Crores in the service road of Peramanallur-Kunnathur Road, Chengapalli in Uthukuli Taluk, Tirupur District. The seized lorries were brought and parked in the office of the District Collector, Tirupur from 14/5/2016 to 17/5/2016. The container lorries bear the Registration Nos.AP-13-X-8650, AP-13-X-5203 and AP-13-X-5204. When the Surveillance Team questioned the three drivers and the persons who accompanied the said lorries in Innova Cars, they were not in a position to give proper answers or documents for transportation of huge sum of Rs.570.00 Crores. The Surveillance Team found that the documents submitted by these persons did not have the vehicle numbers of the container lorries. The persons who accompanied the vehicles in three Innova Cars, claimed that they were security officers from Andhra Pradesh, but there were not in uniform. Out of three seized vehicles, one lorry bearing Reg.No.AP-13-X-5204 is not the number registered for the lorry, but rather it is the number of an Innova Car belonging to one Jaffer Ahmed Khan. The vehicle bearing Reg.No.AP-13-X-8650 belongs to one Kaja Mohammed and the vehicle bearing Reg.No.AP-13-X-5203 belongs to one Salim Mohammed. The R.C. book for Reg.Nos.AP-13-X-8650 and AP-13-X-5203 vehicles, have the same photograph of one person. Therefore, it is clear that they are nothing but fake.

(3.) It is further averred that after lapse of 18 hours, suddenly some letters were created in the name of the State Bank of India and the Income Tax Department made a claim before the Chief Electoral Officer, vide Letter No.13451/Ele-X/2016-1, dtd. 15/5/2016, requesting for transport of the three containers to the State Bank of India, Treasury Branch, Coimbatore. After such claim and interference by the Income Tax Department, the Election Commission of India, vide Letter dtd. 16/5/2016 in Ref.No.76/EEPS/GE-2016/TN, directed the Chief Electoral Officer to facilitate the DEO, Coimbatore and Tirupur to facilitate transport of three vehicles to SBI Treasury Branch, Coimbatore. Accordingly, the CEO directed the DEO, Tirupur District, by Letter No.13451/Ele-X/2016-2, dtd. 16/5/2016 to take necessary action on the basis of the Commission's instructions immediately. Accordingly, three trucks were transported to SBI Treasury Branch, Coimbatore. About 195 sealed boxes were found in three containers with currencies of different denominations and the currencies contained the seal of Axis Bank. SBI claims that currencies were transported from its Chest and the money belongs to them. While so, it is the claim of the SBI, vide their letters dtd. 6/5/2016 (without an file/reference number, etc.) and 10/5/2016 that there is a direction from the Reserve Bank of India, Chennai that the cash of Rs.570.00 Crores has been sought for. However, the RBI, Chennai has not given any such direction or permission for such cash remittances of Rs.570.00 Crores. As per the RBI Guidelines, whenever huge monies are to be transported between the chest of the same or different banks within the State or Inter-State, the same has to be done only through Rail and has to be escorted by the local Police. However, no such steps have been taken in the instant case.