UNION OF INDIA Vs. ASHOK KUMAR NAHAR

JUDGEMENT

(1.) BY THE COURT : This special appeal is directed against the interim order of the learned Single Judge, dt. 26th Nov., 2002.

(2.) BRIEFLY stated the facts of the case are that on 14th Aug., 2002, the police seized cash of Rs. 21 lacs from the respondent No. 1 Ashok Kumar Nahar. He was arrested and released on bail. The amount was seized in accordance with the provisions of 102, Cr.PC. The IT Department obtained a warrant under S. 132A of the Act. The learned Magistrate passed an order directing the police to hand over the entire amount to the IT Department. The said order has been challenged by the petitioner in a writ petition under Art. 226 of the Constitution of India. Various contentions have been raised before the learned Single Judge. The writ petition has been admitted and is posted for final hearing. By interim order the learned Single Judge has directed the learned Addl. Chief Judicial Magistrate, Jodhpur, to release the entire amount except 30 per cent of the disputed amount on furnishing two sound and solvent guarantors.

(3.) WE have considered the rival contentions. In the facts and circumstances of the case, and keeping in view the provisions of S. 113 of the IT Act we consider it expedient to modify the interim order only to the extent that 30 per cent of the total amount shall be refunded on furnishing the bank guarantee and rest 40 per cent on furnishing two solvent sureties. The interim order of the learned. Single Judge dt. 26th Nov., 2002, is modified as follows :