ORDER

Petitioner is the Income Tax Department. It was the 2^nd respondent in C.M.P. No. 1974/2023 in C.M.P. No. 170/2022 before the Judicial First Class Magistrate-I, Perinthalmanna. The 2^nd respondent herein filed the aforesaid application seeking release of an amount of Rs. 64,80,000/- which was seized by the Sub Inspector of Police, Perinthalmanna Police Station and reported to the Court on 16.12.2021. The application was allowed by the impugned order, after imposing conditions relying upon the decision in R. Ravirajan and others v.

State of Kerala [2023 SCC onLine Ker 8444].

2. Though notice to the 2^nd respondent has been served, none appears on his behalf.

3. When similar matters came up for consideration, this Court had, after noticing the divergent views expressed in R. Ravirajan’s case (supra) and in Union of India v. State of Kerala and another [2022 SCC OnLine Ker 11017], referred the issue for an authoritative pronouncement to the Division Bench. By Order dated 04.09.2024 Assainar v. The State of Kerala [2024 KHC OnLine 964], it was held that the view expressed in Union of India v. State of Kerala (supra that the Competent Authority of the Income Tax Department is entitled

202