N.K.Jain, J. - (1.)By this application u/s 482 Cr. P.C. the applicants seek quashment of the seizure of certain cash amount and primary silver, made u/s 102 Cr. P.C. by the Police Industrial Area. Ratlam, as also the subsequent handing over of the seized property to the Income Tax Department u/ss 132 and 132 - A of the Income Tax Act (for short, the Act).
(2.)On 3-5-1994, Station House Officer. P.S. Industrial Area Ratlam, intercepted the applicants No.2 to 4 namely Kalyan Singh, Ashok and Vishwanath near Sailana and recovered 15 Kgs. of Silver and cash amount of Rs. 8.00 lacs from their possession. Enquiries revealed that the seized property belonged the applicant No.1 Dinesh Chandra Dave a businessman of Indore dealing in Silver and Gold. He is also an assessee under the Income Tax Act. He made an application to the CJM, Ratlam for return of the seized property on supurdgi. His application was rejected by the CJM on 23-6-1994. His revision against the said order preferred in Sessions Court as also the petition made u/s. 482 Cr. P.C. before this court, were also dismissed vide orders dated 5-12-1994 and 20-4-1995 respectively. In the meantime the Income Tax Officer. Ward No.1 (1), Indore, took over possession of the seized property in pursuance of a warrant issued by the Commissioner of Income Tax, Bhopal, u/ss. 132 and 132-A of the Act. It appears that after notice to applicant No.1, the Astt. Commissioner of Income Tax, Circle - 1, Indore, has on 8- 5-1995 passed order u/s. 132(5) of the Act estimating tax liability of applicant No.1 to the tune of Rs. 17,19,014/- and thus directing retention of the seized property pending final assessment u/ss. 143(3) and 144 of the Act.
(3.)The applicant No.1 has also filed petition under Article 226 of the Constitution of India challenging the aforesaid proceedings. However, the said petition was dismissed as Withdrawn on 23-6-1995. The applicants have now again approached this court u/s. 482 Cr. P.C.