AJMAT ULLAH ANSARI Vs. STATE OF U.P.

JUDGEMENT

(1.) The challenge in the present writ petition under Article 226 of the Constitution of India is the order dtd. 11/7/2023 passed by the Assistant District Election Officer, District Office (Panchayat and Nagariya Nikay), Gonda (respondent no.3), whereby representation dtd. 6/6/2023 preferred by the petitioners for release of sum of Rs.6,60,200.00, which was seized during the Three-tier Panchayat General Election, 2021 from Vehicle No. UP-32-FP-4674 (Eco Sport Ford) belonging to the petitioners on 1/4/2021, has been rejected.

(2.) In nutshell, the facts of the case are that petitioners are the real brothers. Petitioner No.1-Ajmat Ullah Ansari, who is the subagent of Instant Global Money Transfer Private Limited, bearing license No. F.E.C.G.F.M.C.088/2005 dtd. 30/9/2005 M.T.S.S. License No. E.C.C.O. E.P.D./995/22624/9899 dtd. 30/3/1999, deals with the transfer of money. The said license was issued on 30/4/2005 and continued till 31/5/2018 and the same was renewed from time to time under the condition stipulated by the Reserve bank of India. On 10/10/2018, the name of the company was changed and renewed upto 31/6/2021 and thereafter it has again been renewed till 31/6/2024.

(3.) It is the case of the petitioners that during the last phase of March, 2021 for five days, bank was closed. The petitioners had to deliver a sum of Rs.7,57,340.00 to 36 account holders, details of such persons have been enclosed as Annexure No.4 to the writ petition. For this purpose, the petitioner no.1 had transferred a sum of Rs.6,00,000.00 from HDFC Bank Account No. 50200006369820 (IFSC Code No. HDFC003765) through his colleague, namely, Shahid, who runs National Mobile Travels Agency Jamunia Bagh, Gonda and the said money was transferred to Account No.051505500857 to Branch Gonda. According to the petitioners, on 1/4/2021, after withdrawing the said amount, they were going to deliver the same to 36 persons from their Vehicle No. UP-32-FP-4674 (Eco Sport Ford). In the way, local police of Police Station Dhanepur, District Gonda had intercepted them and found a bag containing said amount of Rs.6,60,200.00. Immediately thereafter, the petitioners had produced the documentary evidence before the police, but the local police was not satisfied with the documentary evidence and as such, the bag containing the aforesaid amount was seized. Thereafter, as per report of Station Officer of Police Station Dhanepur, Gonda, the aforesaid amount was deposited in Government Treasury with sealed pack at serial No.730 dtd. 3/4/2021. Thereafter, on 6/6/2023, they preferred a representation to the District Election Officer (Panchayat and Nagariya), Gonda, which was rejected vide order dtd. 11/7/2023. It is this order dtd. 11/7/2023, which has been challenged in the instant writ petition.