N.K. Sud, J. - Challenge in this writ petition is to the action of the Director of Income Tax (Investigation), Ludhiana, the respondent No. 1, in issuing a notice under Section 132A of the Income Tax Act, 1961 (for short the Act) on 23.3.1998 requiring the S.H.O. Police Station City Phagwara, the respondent No. 8, to deliver the custody of the amount of Rs. 21,05,000/- seized from the petitioner by the respondent No. 8 on 21.3.1998. The petitioner has also challenged the consequential notice dated 20.7.1999 (Annexure P-3) issued under Section 158 BC of the Act by the Deputy Commissioner of Income Tax, Investigation Circle - II (1), Ludhiana, the respondent No. 2.

2. The relevant facts leading to the aforesaid action of the respondent No. 2 may first be noticed.

3. On 21.3.1998, the petitioner was driving a white Fiat Car No. PB-10-Q-8220 and was coming from Ludhiana side towards Phagwara. His car was checked at the Check Post set up for checking the vehicles at Hoshiarpur Chowk. During the search of his car two bags containing Indian currency notes amounting to Rs. 21,05,000/- were found. The petitioner was detained and the car and currency notes were also taken into custod