IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Crl.MC.No. 3683 of 2011() ------------------------------------ CMP.6201(A)/2011 of CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR .................... PETITIONER(S): --------------------- THE DEPUTY DIRECTOR OF INCOME TAX (INV.)-I, ERNAKULAM. BY ADV. SRI. JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): ------------------------- INSPECTOR OF POLICE, SIT NANO EXCEL CASES, WADAKKANCHERRY, THRISSUR REPTD. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECTOR SRI. NOUSHAD THOTTATHIL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SD CRMC NO. 3683/2011 APPENDIX PETITIONER(S) EXHIBITS ANNEXURE A: TRUE COPY OF THE REPORT SUBMITTED BY THE RESPONDENT DATED 28/9/2011 BEFORE THE CHIEF JUDICIAL MAGISTRATE THRISSUR. ANNEXURE B: TRUE COPY OF THE ORDER OF THE CHIEF JUDICIAL MAGISTRATE DATED 3/10/2011. RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.A. TO JUDGE SD N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3683 of 2011 ----------------------------------- Dated this the 21st day of December 2011 O R D E R Learned Standing Counsel appearing for the petitioner submits that the Income Tax Department has to assess the total income of SIT Nano Excel Enterprises Pvt. Ltd; as to what is the tax payable by the company. Till then, the amount will not be appropriated but will be kept in the custody of the petitioner. Since there is evidence/document regarding the seizure of the amount; namely Rs.63,66,891/-, for the purpose of investigation/ trial that document itself may be sufficient. However unless otherwise ordered by this Court the amount shall be retained by the petitioner. The direction to produce the amount before the learned Magistrate shall be kept in abeyance. The Investigating Officer can complete the investigation with the documents and other materials collected. 2. The amount as such is not required for the investigation and trial of the case. As to how many Crl.M.C. No.3683 of 2011 -: 2 :- depositors were there and what was the amount deposited by those depositors and whether any amount from out of the seized money can be disbursed to such depositors are matters which will be considered later. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt