NEENA KAMLESH SHAH Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: '....to issue a Writ of Mandamus or any other appropriate writ declaring that the action of the respondent police and registering the Crime in F.I.R.No.216 of 2023 dtd. 15/10/2023 (in the Court of the II Additional Judicial First Class Magistrate, Miryalaguda) without any substantial penal provisions indicated therein, is arbitrary and illegal and contrary to the law laid down by the Supreme Court in 1982 (1) page 561 para 21 and 65 and resultantly quash the said F.I.R. and direct the respondent police to return the seized cash of Rupees 3 Crores and 4 Lakhs to the petitioner and grant such other relief as it deems fit in the circumstances of the case."

(2.) The petitioner claims to be owner of Cash of Rs.3,04,00,000.00 (Rupees three crores four lakhs) which was transported in KIA Car bearing No.TS 10 FD 0643 on 15/10/2023 and the Respondent No.1, intercepted the movement of the said car and seized the said cash under a cover of panchanama and thereafter, a case in Crime No.216 of 2023 was registered against Vipul Kumar Bhai and Amarsinh Zala, for the offences under Ss. 336 IPC, 102 Cr.P.C, 179 r/w 52 r/w 177 of the Motor Vehicles Act, 1988 (for short 'M.V.Act'). The case of the petitioner is that alleged offence under Sec. 336 IPC relates to rash and negligent driving only and there is no penal provision prohibiting transportation of cash whatsoever denomination. Therefore, the petitioner prayed this Court to quash the said FIR and return the cash to her.

(3.) This Court vide order dtd. 12/1/2024 while issuing notice to the respondents, in view of the judgment of the Division Bench of this Court in Mectec vs. Director of Income Tax Investigation, 2020 SCC OnLine TS 3047 granted interim direction to the respondent-police to release the seized cash of Rs.3,04,00,000.00 in F.I.R.No.216 of 2023 dtd. 15/10/2023 to the petitioner, pending disposal of the writ petition.