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2014 Supreme(Ker) 1073

C.T.RAVIKUMAR
Deputy Director of Income-Tax (INV)-II – Appellant
Versus
State of Kerala, Represented by The Public Prosecutor, High Court of Kerala – Respondent


Advocates Appeared:
For the Petitioner: Sri. Jose Joseph, SC, For Income Tax.
For the Respondent: Public Prosecutor Sri. Philip T. Varghese.

ORDER :

Since these Criminal Miscellaneous Cases have matrix from Annexure-V common order in C.M.P.Nos.3644 & 3834 of 2008 in Crime No.51 of 2008 of South Railway Police Station these matters are taken up for joint consideration and disposal. To be precise, Crl.M.C.No.484 of 2010 is directed against the order in C.M.P.No.3644 of 2008 filed by the Income Tax Department and Crl.M.C.No.675 of 2010 is directed against the order in C.M.P.No.3834 of 2008 filed by the first respondent in the said Crl.M.C. In fact, both the aforesaid CMPs were disposed of along with C.M.P.No.3628 of 2008 as per order dated 23.6.2009 by the Court of Judicial First Class Magistrate-I, Ernakulam as per Annexure-V order. The bone of contentions in these cases is 7664.5 grams of gold in the form of gold bars and ornaments seized from accused Nos.1 and 2 in the aforesaid crime, on 21.11.2008. The Intelligence Officer attached to the Department of Commercial Taxes was the petitioner inC.M.P.No.3628 of 2008. The said petitioner and the petitioner in the captioned Criminal Miscellaneous Case viz., the Income Tax Department alleged that those goods were transported without any valid documents to show their ownership.

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