IMPORTANT POINT
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 found no illegality in the respondents' actions.

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:

“........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 dated 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 (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 Sections 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 Section 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 dated 12.01.2024 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 T.S. 3047 granted interim direction to the respondent-police to release the seized cash of Rs. 3,04,00,000/- in F.I.R. No. 216 of 2023 dated 15.10.2023 to the petitioner, pending disposal of the writ petition.

4. The Circle Inspector of Police, Miryalaguda Rural Circle, Nalgonda District, filed counter affidavit on behalf of respondents, inter-alia stating that on 15.10.2023 at 08:29 hours, while he was present in the Police Station, Sri K. Naresh Kumar, Sub-Inspector of Police of Madgulapally Police Station, Nalgonda District, along with other staff, came to Police Station and lodged a complaint, which reads as follows:

“On 15-10-2023 at 05.30 hours while he along with staff were conducting the vehicle checking at NAM Toll Plaza in the outskirts of Madgulapally village in view of Assembly Elections-2023. In the mean time one KIA car bearing No. TS-10-FD-0643 was proceeding towards Miryalaguda from Nalgonda. Accordingly, they tried to stop the said vehicle for check, but driver of the said vehicle drove the vehicle with high speed in suspicious manner. As such, complainant chased the said vehicle at Interstate Border check post at Wadapally village and detained the driver and one other person. On his enquiry they disclosed their details as, (1) Vipul Kumar Bhai, aged 46 years, Occ. Driver, R/o Musheerabad, Native of Amhadabad, Gujarath State and (2) Amarsinh Zala, aged 52 years, Occ: Driver, R/o Mahesena, Gujarat State and also he found Rupees 3.04 core in their possession. They didn't have any relevant documents pertaining to the cash. As such the complainant conducted seizure in presence of the two mediators and seized 3.04 core rupees and one vehicle bearing No. TS10 FD 0643 under cover of panchanama. Hence requested for taking necessary action into the matter.

Basing on the above written report and seizure Panchanama, he registered a case in Crime No. 216/2023, for the offences under Sections 336 IPC, 102 Cr.P.C. 179, 52 r/w 177 of Motor Vehicles Act, on 15.10.2023 at 08:29 hours. It is further stated that as per the investigation done and as per the record, he intimated to the Returning Officer (R