IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 13596 of 2011(Y) -------------------------- PETITIONER(S): --------------- GREEN LIFE PUBLIC CHARITABLE TRUST, S-03, IIND FLOOR, REVENUE TOWER, KOTHAMANGALAM, ERNAKULAM-686 691, REPRESENTED BY ITS CHAIRMAN. BY ADVS. DR.ABRAHAM P.MEACHINKARA SRI.JOY C. PAUL RESPONDENT(S): --------------- 1. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM-695 001. 2. INSPECTOR OF POLICE, OFFICE OF THE INSPECTOR OF POLICE, KOTHAMANGALAM-686 691. 3. SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA-683 101. 4. HARIDAS V., POOVATHINGAL HOUSE, ATTOR P.O., THRISSUR-680 592. R1 TO R3 BY GOVT. PLEADER SRI.GEORGE VADAKKEL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13596 of 2011(Y) APPENDIX PETITIONERS EXHIBITS :- EXT.P1 : TRUE COPY GREEN LIFE PUBLIC CHARITABLE TRUST INSTRUMENT NO.103/10/IV DATED 13TH MAY, 2010. EXT.P2 : TRUE COPY APPLICATION FOR TEMPORARY MEMBERSHIP OF THE TRUST. EXT.P3 : TRUE TEMPORARY MEMBERSHIP CERTIFICATEOF THE TRUST. EXT.P4 : TRUE COPY AGENCY IDENTITY FOLDER NO.E/58/29 DATED 25TH MARCH, 2010. EXT.P5 : TRUE COPY OF FIRST INFORMATION REPORT IN CRIME NO. 263/2011 OF KOTHAMANGALAM POLICE STATION DATED 18TH MARCH, 2011. EXT.P6 : TRUE COPY OF THE ANTICIPATORY BAIL IN CRL.M.C.NO.491 OF 2011 DATED 2ND APRIL, 2011 GRANTED BY HONOURABLE SESSION COURT, ERNAKULAM. EXT.P7 : A TRUE COPY OF THE NOTICE ISSUED BY THE INSPECTOR OF POLICE, KOTHAMANGALAM DATED 5TH APRIL, 2011. EXT.P8 : TRUE COPY OF THE LETTER ISSUED BY THE INSPECTOR OF POLICE, KOTHAMANGALAM DATED 5TH APRIL, 2011. EXT.P9 : TRUE COPIES FIXED DEPOSIT STATEMENT ISSUED BY SECRETARY, MATHIRAPPILLY SERVICE CO-OPERATIVE BANK, KOTHAMANGALAM AS ON 30TH MARCH, 2011. EXT.P10: TRUE COPY OF THE LETTER DATED 22ND FEBRUARY, 2011 AND 20TH APRIL, 2011. EXT.P11: COPY OF THE NOTICE FOR THE DISTRIBUTION OF ONAM KIT AND PHOTOGRAPHS OF THE FUNCTION HELD AT PALA HELD ON 20-08-2010. EXT.P12: COPY OF THE NOTICES FOR THE DISTRIBUTION OF ONAM KIT, PHOTOGRAPHS OF THE FUNCTION AND MEDIA REPORT HELD AT MALAPPURAM HELD ON 21-08-2010. EXT.P13: COPY OF THE NOTICES FOR THE DISTRIBUTION OF ONAM KIT AND PHOTOGRAPH OF THE FUNCTION HELD AT CHALAKUDY HELD ON 22-08-2011. EXT.P14: COPY OF THE NOTICES FOR THE FREE MEDICAL CAMPS AND PHTOGRAPHS OF THE CAMP HELD AT ATHIRAPALLY ON 22-05-2011. WP(C).No. 13596 of 2011(Y) EXT.P15: COPY OF THE NOTICES FOR THE FREE MEDICAL CAMPS AND MEDIA REPORTS HELD AT MANJERI ON 29-05-2011. EXT.P16: LIST OF PEOPLE WHO PARTICIPATED IN THE MEDICAL CAAMP HELD AT ATHIRAPALLY ON 22-05-2011. EXT.P17: TRUE COPY FIXED DEPOSIT RECEIPT NO. 17532 DATED 16TH APRIL, 2011 OF MATHIRAPPILLY SERVICE CO-OPERATIVE BANK, KOTHAMANGALAM. EXT.P18: TRUE COPY OF LETTER ISSUED BY RESERVE BANK OF INDIA (RBI), THIRUVANANTHAPURAM NO.DNBS(T) NO.938/02-08- 2002/2010-11 DATED 3RD FEBRUARY, 2011 EXT.P19: TRUE COPY OF LETTER ISSUED BY THE TRUST ON 7TH MARCH, 2011. EXT.P20: TRUE COPY RBI LETTER NO.DNBS(T) NO. 1152/02-08-2010-11 DATED 15TH MARCH, 2011 EXT.P21: TRUE COPY OF LETTER ISSUED BY THE TRUST TO RBI THIRUVANANTHAPURAM. RESPONDENTS EXHIBITS : NIL. //TRUE COPY // P.A TO JUDGE amk. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 13596 of 2011 Y ``````````````````````````````````````````````````````````` Dated this the 11th day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner states that it is a Charitable Trust registered under the Indian Trusts Act, 1882 with registration No.103/10/IV of the Sub Registrar Office, Kothamangalam. It is the case of the petitioner that the objects of the Trust are incorporated in Ext.P1 trust deed. According to the petitioner, the Trust is providing temporary membership of various types on payment of the specified fee. It is stated that, on expiration of the period of membership, the amount deposited as membership fee along with a specified return is refunded to the member concerned and that the balance amount generated is utilised for charitable purposes. 2. Grievance in the writ petition is that the fourth respondent made a complaint against the petitioner which resulted in the registration of crime No.263/2011 of Kothamangalam Police Station, the FIR of which is Ext.P5. W.P.(C) No.13596/2011 : 2 : It is stated that, in the said case, anticipatory bail has been granted to the accused. Apparently, in pursuance to the registration of the crime, the second respondent issued Exts.P7 and P8 which led the petitioner to file this writ petition. 3. Ext.P7 is a notice addressed to the petitioner stating that on account of the registration of crime No.263/2011 under Sections 406, 420 and 34 of IPC read with Sections 3, 4 and 5 of the Price Chits and Money Circulation Scheme (Banning) Act, 1978, petitioner shall not function its registered office, unless the petitioner obtains necessary authorisation from the appropriate authorities. Similarly, Ext.P8 is a communication issued by the second respondent addressed to the Secretary of the Service Co- operative Bank Limited No.1577, Mathirappilly, stating that the amount of `16,60,999/- lying in deposit of the petitioner shall not be disbursed until the termination of the case or unless all the members of the Trust have agreed for the same. 4. Petitioner submits that its activities are perfectly W.P.(C) No.13596/2011 : 3 : legal and that registration of the crime is without any basis and malafide and that, at any rate, there is no justification for issuing Exts.P7 and P8. On the other hand, counter affidavit has been filed on behalf of respondents 1 to 3, which says about the registration of crime No.263/2011. It is also stated that, during the course of the investigation, it was revealed that the first accused had initially started a lottery agency in the name of 'Green Life' and had collected huge amounts of money from the public giving membership in the Trust. It is stated that, after collecting such amounts, nominal amount was remitted for insurance policy of each member and that a substantial portion of the same was deposited in the joint account of the accused persons. According to the respondents, such activity of the petitioner is without any licence. It is also stated that such acceptance of the deposit was by publishing an advertisement stating “One can become a millionaire without winning lottery” and that this activity is against the provisions of the Price Chits and Money W.P.(C) No.13596/2011 : 4 : Circulation Scheme (Banning) Act, 1978 and regulations issued thereunder. 5. As far as the writ petition is concerned, this Court is only called upon to examine the correctness or otherwise of Exts.P7 and P8. In so far as Ext.P7 is concerned, the direction to the petitioner is not to function its registered office unless the petitioner obtains necessary permission from the concerned authorities. This communication has been issued on the basis that investigation into crime No.263/2011 of Kothamangalam Police Station is in progress where various offences under the Indian Penal Code and Act 43 of 1978 are alleged against the petitioner and others. 6. In my view, even if the activities of the petitioner are assumed to be impermissible, that is no justification for restraining the petitioner from opening its office. Further, no power under the provisions of the Code of Criminal Procedure for issuing such an order is also shown. In such circumstances, even though it is open to the respondents to W.P.(C) No.13596/2011 : 5 : prevent the petitioner from carrying on any illegal activities, petitioner is entitled to open and function its office. Therefore, the issuance of Ext.P7 cannot stand in the way of the petitioner from opening its registered office. 7. Now, coming to Ext.P8, it has been issued to the co-operative bank where the petitioner is maintaining a fixed deposit. Justification for issuing Ext.P8 is the ongoing investigation into crime No.263/2011. It is the contention of the learned counsel for the petitioner that on the allegations levelled by the respondents, no case against the petitioner has been made out either under the provisions of the IPC or under the provisions of Act 43 of 1978 and hence this order is illegal. 8. In my view, this Court, in exercise of its power under Article 226 of the Constitution, will not be justified in examining that contention at the stage when investigation is only in progress. Therefore, I refrain from examining the merits of the contentions raised by the learned counsel for the W.P.(C) No.13596/2011 : 6 : petitioner. 9. As far as the justifiability of issuing Ext.P8 is concerned, in my view, it is well within the power of the investigating officer to issue orders in the nature of Ext.P8 in exercise of his power under Section 102 of the Cr.P.C., which enables the police officer to seize any property, which may be alleged or suspected to be under the circumstances which creates suspicion of the commission of any offence. The expression 'property' occurring in Section 102(1) has been interpreted to include the bank account by the Apex court judgment in State of Maharashtra Vs. Tapas D. Neogy[1999 (7) SCC 685]. If that be so, Ext.P8 order issued by the investigating officer cannot, at this stage, be held to be invalid for the reasons canvassed by the petitioner. 10. In the result, while I reject the challenge of the petitioner against Ext.P8, I direct that it will be open to the petitioner to open its registered office, irrespective of Ext.P7. But, however, this judgment will not enable the petitioner to W.P.(C) No.13596/2011 : 7 : carry on any activity which is impermissible in law. 11. Needless to say that, based on the evidence collected by the investigating officer, it will be open to him to review or recall Ext.P8, if the circumstances justify such an order. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/12/10 // True Copy // P.A. To Judge