VISHAL JAIN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Notice of motion.

(2.) The petitioner has invoked the jurisdiction of Court under Art. 226 of the Constitution of India seeking declaration that action of respondents in depriving him of cash of Rs. 30,00,000.00; un-conditional release of amount to him; with a further prayer to permit him to have his Advocate present at visible but not audible distance during his interrogation and recording of the statement in connection with the said seizure of amount in the instant case or any proceedings consequential thereto, much less seeking refrain of any coercive action against him alleging to the aforesaid dispute; with a liberty to avail the remedy under the Pradhan Mantri Garib Kalyan Yojana, 2016 (hereinafter referred to PMGKY Deposit Scheme)by depositing the aforesaid amount, tax, surcharge and penalty.

(3.) Mr. Gurmohan Singh Bedi,learned counsel appearing on behalf of the petitioner submits that while travelling in a cab from Delhi he was stopped by the police officials in the jurisdiction of the Lalru Police Station in State of Punjab. He was carrying Rs. 30,000,00.00. As a result thereof, the police officials took him to Lalru Police Station and on the spot, the Income Tax Officials were called. The explanation given to the officers of Lalru Police Station, as well as the Income Tax Department that the cash amount seized from him was sale proceeds of old jewellery belonging to him, his wife and mother, which was in possession and was recently sold by him after demonetization to one Shri Raj Kumar, who is a broker and received new currency notes of denomination of Rs. 2,000.00.