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C. V. BHASKAR REDDY
Neena Kamlesh Shah – Appellant
Versus
Station House Officer, Waddepally Police Station – Respondent
JUDGMENT :
C.V. BHASKAR REDDY, J.
1. This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief:
2. The petitioner claims to be owner of Cash of Rs. 3,04,00,000 (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
The powers of the Election Commission under Article 324 of the Constitution of India and the SOP for seizure and release of cash issued by the Election Commission of India were upheld, and the court ....
Seizure of cash without following prescribed procedures is illegal, and transfer to the Income Tax Department without an FIR is unauthorized.
The main legal point established is that cash is excluded from the definition of 'goods' under the CGST Act and cannot be seized under Section 67 as such. The court emphasized the need for the seizur....
The mandatory requirements under Section 155(2) Cr.P.C. cannot be circumvented by using the Explanation to Section 2(d) Cr.P.C.
Seizure of goods must adhere to procedural safeguards unless linked to electoral misconduct; ownership must be substantively established before neutral parties.
A valid written complaint by a competent public servant is mandatory to prosecute under IPC sections for disobedience or bribery during elections; failure to comply nullifies ongoing charges.
Seizure of cash under CGST Section 67(2) invalid absent recorded 'reason to believe' of secretion and relevance to proceedings; automatic return mandated under Section 67(7) if no notice within six m....
Currency notes and coins do not fall under the definition of 'documents' in Section 19(3) of the Foreign Exchange Regulation Act, leading to the invalidation of the search and seizure executed withou....
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